La Bove v. Metropolitan Life Insurance
Opinion of the Court
The question in this case is who is entitled to the proceeds of a federal employees’ group life insurance policy. The contesting claimants are the insured’s mother and his daughter who, prior to his death, had been adopted by his divorced wife’s new husband on January 26, 1950. The adoption took place with the father’s consent. The district court decided in favor of the mother, D.C.D.N.J.1958, 164 F.Supp. 808 and the daughter appeals.
The insured’s name was Harry LaBove. He was a federal employee and came under the Federal Employees’ Group Life Insurance Act, 5 U.S.C.A. §§ 2091-2103. The statute provides that payment is to be made to the person surviving at the date of the insured’s death in several succeeding classes. 5 U.S.C.A. § 2093. The first has to do with the person designated by the insured. The insured in this instance did not designate anyone. The second in line is the surviving spouse of the insured. In this case he left no surviving spouse because he was divorced from his wife and had never remarried.
It is the third and fourth classes which create the controversy here. The third is “the child or children of such employee.” The fourth is, in the absence of anybody taking under the first three, “the parents of such employee.”
What makes the problem in this case is the adoption in New Jersey of Mr. LaBove’s minor daughter by her stepfather on January 26, 1950, to which the natural father consented. Does this adoption rule her out as the “child” of her natural father within the meaning of the relevant provision of the federal statute ?
Although the rights arise from the provision of the United States statute, we take it that the applicable law to determine whether Francine Kasser is to be considered her natural father’s child for the purpose involved here is to be settled by state law so far as applicable. “The scope of a federal right is, of course, a federal question, but that does not mean that its content is not to be determined by state, rather than federal law. * * *. This is especially true where a statute deals with a familial relationship; there is no federal law of domestic relations, which is primarily a matter of state concern.” De Sylva v. Ballentine, 1956, 351 U.S. 570, 580, 76 S.Ct. 974, 980, 100 L.Ed. 1415.
This general statement is borne out by the sixth provision of the section of
The New Jersey adoption statute of 1954, which was in effect at the time of the death of Harry LaBove, is couched in very broad terms as shown in R.S. 9:3-17 under the heading “Public Policy.”
“A. The entry of a judgment of adoption shall terminate all relationships between the child and his parents, and shall terminate all rights, duties, and obligations of any person which are founded upon such relationships, including rights of inheritance under the intestate laws of this State; * *4
Argument for the minor claimant suggests that the New Jersey legislature has endeavored to repeal the laws of biology, that such a result is impossible to achieve, and that it is unconstitutional to try it. We do not think the legislature is to have any such purpose ascribed to it. No doubt the statute cannot in all situations be applied literally. The relationship of blood between the natural parent and the natural child still persists, of course, despite any number of legislative words and acts of adoption. Thus, if the natural parent and the natural child should marry after the natural child has been adopted by somebody else, we cannot think that the marriage would be any less incestuous because of the adoption.
The appellant argues, however, that the Act of 1954 is not applicable, that the Act of 1902
The judgment of the district court will be affirmed.
. The similarity of the statutory language in De Sylva to the language in the statute at bar makes the Supreme Court’s statement singularly appropriate here, although the very question in that case was whether a recognized illegitimate child was entitled to renew his natural father’s copyright.
. 5 U.S.O.A. § 2093.
. N.J.S.A. 9:3-17.
. Id., 9:3-30.
. Compare the situation where an adopting parent married the adopted child. State v. Lee, 1944, 196 Miss. 311, 17 So.2d 277, 151 A.L.R. 1143 (held not incest). Annotation 151 A.L.R. 1146.
. See text at note 4 supra.
. N.J.Stat.Ann. tit. 9:3, §§ 1-11 (1939). Under section 7 of the 1902 Aet adoption did not prevent tlio adopted child from inheriting from his natural parent.
. N.J.S.A. 9:3-34. This section repealed the earlier adoption statute, but stated that “nothing in this act shall be deemed to invalidate or otherwise affect * * * any right or duty vested * * * under any law heretofore in effect.”
. See In re Holibaugh’s Will, 1955, 18 N.J. 229, 113 A.2d 654, 655-656, 52 A.L.R.2d 1222. Cf. In re McEwan’s Estate, 1940, 128 N.J.Eq. 140, 15 A.20 340, 344.
. While the learned district judge reached his conclusion with regret, the following facts tend to remove any such regret. LaBove went to live with his parents following his divorce. He left a will leaving his property to his mother stating in the will that he was conscious that he had a child. He consented to her adoption by her stepfather.
Reference
- Full Case Name
- Goldie LA BOVE, Also Known as Gussie LaBove v. METROPOLITAN LIFE INSURANCE COMPANY, a Corporation, and Francine Kasser, a Minor. Francine Kasser, Through Her Guardian, Bucks County Bank and Trust Company
- Cited By
- 2 cases
- Status
- Published