Helen Frances Young's Adoption

Citations

• 259 Pa. 573
• 103 A. 344
• 1918 Pa. LEXIS 451

Syllabus

<p>Adoption — Failure of father to support child — Act of May 88, 1915, P. L. 580 — -Decree—Consent of mother — Insanity of father— Death of father — Subsequent proceedings by mother to set decree aside — Status of committee — Appeal—Certiorari.</p> <p>1. By adoption a new status is created which cannot be stricken down because of regret of a parent who consented thereto.</p> <p>2. A decree of adoption based upon a finding that the father of the child had neglected and refused to support said child for upwards of a year, is presumed to be based on evidence, and will not be set aside on the ground of lack of jurisdiction where the proceedings are before a proper tribunal, and no appeal was taken from the decree of adoption.</p> <p>3. Whatever right a parent has to the custody of his child terminates at his death, and the committee in lunacy of a parent whose child had been adopted has no right after the death of the parent to join in an appeal from a decree refusing to set aside a decree of adoption.</p> <p>4. A child whose father had failed to support it owing to ill health, and as the court below found within the meaning of the Act of May 28, 1915, P. L. 580, was adopted by relatives, under a decree of the court, to which the mother consented. The decree was based upon evidence which was not preserved of record. Thereafter the father died and the mother petitioned for the setting aside of the decree, contending that she had consented to the petition for adoption,- in the belief that she was merely allowing the adopting parents to educate the child. There was no evidence of any fraud or bad faith on the part of the adopting'parents. Held, the lower court properly refused to set aside the decree of adoption.</p> <p>5. An appeal from a decree in an adoption proceeding is in effect a certiorari, and brings up nothing but the record. The Supreme Court cannot review the merits, but is entitled to inspect the whole record with regard to the regularity and propriety of the