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· 5/29/1915

In re the Adoption of Potter

Citations

  • 85 Wash. 617

Syllabus

<p>Adoption — Abandonment—Written Consent of Parent. Rem. & Bal. Code, § 1696, requiring the consent of a parent to the adoption of a child by another, dispenses with such consent and substitutes that of the legal guardian where the parent has abandoned the child; but, even if consent of the parent were necessary in cases of abandonment, a writing by the mother to another, turning over “my right and title” to the child, would be sufficient evidence of consent.</p> <p>Adoption — Abandonment by Parent — Sufficiency of Evidence. Abandonment by a mother of her illegitimate child is established by a showing that, within a few hours after its birth, she expressed her dislike for the child and her desire to get rid of it; that she gave it to a woman who offered to adopt it, and several days later gave such foster mother a writing, turning over all her right and title to her baby girl; that she never thereafter concerned herself about the child nor contributed in any way to its support; and that, on being served with notice of the adoption proceedings, she contented herself with filing an objection without taking the trouble to put in an appearance at the hearing.</p> <p>Adoption — Welfare of Child. In matters of adoption, the dominant question is the welfare of the child and the wishes of the parent will be subordinated to that consideration.</p>

Judges: Chadwick

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