The Baby Jessica case was a 1991 custody dispute in which Iowa and Michigan courts ordered a two-year-old girl returned from the couple raising her, Jan and Roberta DeBoer, to her biological parents after the courts found that the birth father’s parental rights had never been legally terminated.1Justia. In Interest of B.G.C.
Who the Parties Were
Three adults stood on opposite sides of the litigation:1Justia. In Interest of B.G.C.
- Jan and Roberta DeBoer, who took the infant through a private placement and raised her from a few weeks old.
- Cara Clausen, the biological mother, who initially signed a release of custody.
- Dan Schmidt, the biological father, whom Clausen did not name in the original filings.
Weeks after the birth, Clausen moved to reclaim her daughter, and the placement turned into a multi-year court fight across two states.
Why the Iowa Adoption Was Set Aside
Clausen argued her release of custody was invalid because she had signed it less than 72 hours after the birth, in violation of the required waiting period. Once she identified Schmidt as the father, he intervened, asserting that his rights had never been terminated and that he had not waived them.1Justia. In Interest of B.G.C.
Under Iowa law, a parent’s rights can be terminated only on specific grounds proven by clear and convincing evidence, including abandonment, failure without good cause to pay ordered child support or birth expenses, or a signed release of custody that has not been revoked.2Iowa Legislature. Iowa Code § 600A.8
The court found that abandonment by Schmidt had not been proven by clear and convincing evidence. Because his rights were never legally terminated, the adoption petition was fatally flawed and had to be dismissed. Custody was ordered transferred to the biological father.1Justia. In Interest of B.G.C.
Why Michigan Could Not Override the Iowa Ruling
The DeBoers filed a new action in Michigan asking a court there to weigh the best interests of the child, pointing to the bond formed over two years of care. That set up a jurisdictional conflict governed by the Uniform Child Custody Jurisdiction Act and the federal Parental Kidnapping Prevention Act, both designed to keep parents from seeking a fresh ruling in a second state after losing in the first.3Justia. In re Clausen4GovInfo. 28 U.S.C. § 1738A
The Michigan Supreme Court held that the Iowa judgment controlled. Michigan lacked jurisdiction to modify orders validly issued by the state where the case had begun, so the Iowa custody decision had to be honored.3Justia. In re Clausen
How the Case Ended
The United States Supreme Court denied a request to stay the order returning the child. That denial left the state court rulings in place and cleared the way for the transfer to go forward, ending more than two years of litigation.5Legal Information Institute. DeBoer v. DeBoer