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· 3/2/1918

Darlington's Adoption

Citations

  • 69 Pa. Super. 281
  • 1918 Pa. Super. LEXIS 69

Syllabus

<p>Parent and child — Adoption—Revocation of decree — Abandonment of child — Act of April ££, 1905, P. L. £97.</p> <p>Where a child one year of age is delivered by the public authorities to a man and wife, and they support and maintain it and assume the duties of parents to it, in the belief that its own parents were dead, and seven years thereafter in habeas corpus proceedings instituted by the mother of the child, the court judicially commits the child to the couple who had it before, “as destitute, homeless, abandoned or dependent on the public,” and thereafter the man and wife adopt the child with the consent of the public authorities, and the father of the child, the decree of adoption will not be revoked three years later at the instance of the mother whose whereabouts could not be ascertained when the child was adopted; and especially is this the ease where it is charged in the answer to the petition to'revoke, that the mother was not a proper person to entrust with the care of the child, and the record does not show any denial or explanation of such averment.</p>

Judges: Head, Henderson, Kephart, Orlady, Porter, Trexler, Williams

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