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Johnson v. Johnson9/14/2000
rt had jurisdiction and afforded the parties due process protections. N.D.C.C. § 14-15-17; cf Pearson v. Pearson, 2000 ND 20, 8, 606 N.W.2d 128 (a common law marriage validly entered into in another jurisdiction would be recognized in North Dakota even though our statutes do not allow common law marriage).
[ ] Under our choice of law analysis for contracts, we use a significant contacts approach coupled with "choice influencing considerations." Plante v. Columbia Paints, 494 N.W.2d 140, 141-42 (N.D. 1992). In a contract case, as suggested here by the majority, we look to the following factors: (1) the place of contracting; (2) the place of negotiation of the contract; (3) the place of performance; (4) the location of the subject matter of the contract; and (5) the domicile, residence, nationality, place of incorporation and place of business of the parties. Id., 494 N.W.2d at 142 (citing Restatement (Second) of Conflict of Laws § 188 (1971)).
[ ] The record establishes an adoption was attempted in New Jersey in July of 1990. That effort was abandoned, and another effort was made sometime thereafter in Kentucky. That effort was also abandoned in 1993. The facts used by the majority to support an equitable adoption relate to events that transpired in either New Jersey or Kentucky.
[ ] The majority has not analyzed these considerations, and it objectively appears that our precedent would mandate the application of another forum's law because the alleged contract arose in either Kentucky or New Jersey and was performed in either of those states, the subject matter was in either of those states, and the domicile of all parties was in either of those states at the time the alleged contract was made.
[ ] As noted, the Supreme Court of New Jersey will impose an obligation of support on a stepparent on the basis of equitable estoppel, but not when "there are two natural parents, at least one of whom is present and another, while absent, may still be available." Miller v. Miller, 478 A.2d 351, 357 (N.J. 1984).
[ ] The State of Kentucky has not embraced the doctrine of equitable adoption. In any event, any factual determination necessarily requires a further determination of which law to apply in order to ascertain whether an equitable adoption was in fact effectuated. The appropriate course would be to present the facts of this case in the form of a certified question to the appropriate jurisdiction in order to apply the appropriate law rather than remand to the district court for such an analysis. Mau v. National Union Fire Ins. Co., 2000 ND 97, 1, 610 N.W.2d 761. Even if this Court were to embrace the theory suggested by the majority, the facts presented by this case cannot be used to adopt the proposition because the underlying dispute mandates an application of the law of another jurisdiction.
V.
[ ] Madonna Johnson and Jessica Clayton have never lived in North Dakota. Antonyio Johnson came to North Dakota only when the marriage was coming to an end. A determination of equitable adoption should be made in Kentucky by declaratory judgment or other proceeding. Other courts have employed the declaratory judgment procedure to determine the status of an equitably adopted child. In Keiser v. Wiedmer, the court held a declaratory judgment action "is maintainable, independent of any controversy relating to the rights growing out" of the status of an equitably adopted child. 263 S.W.2d 63, 66 (Mo. Ct. App. 1953).
[ ] The majority ignores the jurisdictional and comity concerns of determining an equitable adoption in this case under our law. Foremost, our cases establish that child support is for the benefit of the child, not
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