Robert Fioretti, attorney for the McDonalds, said Tamia was born Sept. 10 in Illinois and A Cherished Child gave Carmen McDonald plane tickets to fly to Utah on Dec. 3.

Fioretti said when Carmen McDonald arrived in Utah, she was distraught over the recent death of a grandmother, was suffering from postpartum depression, had not slept or eaten properly in several days and was running a 102-degree fever.

"She was there less than 24 hours. Due to her mental, emotional and physical impairments, we believe she didn't understand the consequences of traveling to Utah with her minor child," Fioretti said.

When she met with the prospective adoptive couple, she saw they were white, not biracial as she had been told on the phone, he said.

"When she decided not to go through with the adoption, she was told, 'How are you going to get back?' She had no way to get back at that point. Ruby Johnston, over the phone, began yelling at and threatening Carmen," he said.

Fioretti said McDonald was unable to make an informed decision and gave her consent under duress, undue influence and misrepresentation. She also did not receive a copy of the contract, he said.

Agency director Johnston, meanwhile, denies the lawsuit's allegations.

"Everything in there is a lie and I have to keep confidentiality for the adoptive parents' sake," Johnston said. "We do everything within the law. We're very committed to doing what's in the best interest of the child. We try to help adoptive parents and birth mothers meet their needs in a very kind and loving way."

Johnston denies yelling at or coercing Carmen McDonald, and said the young woman initiated contact with the agency and was fully informed about the adoption. As for the adoptive parents, "She picked the family, she met the family, she approved the family," Johnston said.

Johnston blames Maria McDonald for the dispute, which now has become very public.

"I don't think that was very kind to her daughter. Her daughter very clearly wanted to keep things confidential," Johnston said. "I believe she wants to get back at her daughter for not telling her."

Elizabeth Sollis, spokeswoman for the Utah Department of Human Services, said a complaint in this case was filed in December.

"We reviewed the adoption procedures, met with the parties involved and we found the adoption was handled appropriately," Sollis said.

Utah licensing authorities found A Cherished Child did not follow adoption law in two cases last year.

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E-mail: lindat@desnews.com