Wyatt v. McDermott

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The U.S. district court certified questions of law to the Supreme Court concerning Virginia law. The questions arose out of a suit filed by John Wyatt, who sought monetary damages for the unauthorized adoption of his baby. Wyatt named as defendants the individuals and entities involved in the adoption and asserted numerous claims, including one for tortious interference with parental rights. Upon consideration of a motion to dismiss filed by Defendants, the district court denied the motion as to the claim for tortious interference with parental rights pending its request that the Supreme Court adjudicate whether Virginia recognizes such a cause of action. The Supreme Court (1) held Virginia recognizes tortious intereference with parental rights as a cause of action; and (2) referred the U.S. district court to the opinion for the elements constituting the tort.