Adoption of Pitcher

GRIFFIN, J.—

Petitioner, Stuart L. Parrish, and his wife, filed a petition for adoption of Baby Boy Pitcher on December 22, 1949. The child was born to Joyce Pitcher on December 20, 1949. The unwed mother was 16 years of age at the time. She and her mother had known a Dr. Moore, and during appellant’s pregnancy they went to him with their problem. They asked for his opinion as to what should be done, and

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particularly in reference to the child after its birth. It apparently was agreed by all that adoption, in some good home, was the best thing for all parties concerned.

About December 1st petitioners found out about appellant’s desire and after the child’s birth they took the child, with the apparent consent of all parties, and later started adoption proceedings. On January 30, 1950, a representative of the State Department of Social Welfare saw appellant relative to obtaining the usual background information and to see about obtaining the written consent of appellant to the adoption. After some private discussion with her the agent told appellant to wait a while and think it over carefully before giving her written consent. The agent returned in March, 1950, and, after some further consultation, appellant signed the written consent. It was, at that time, the opinion of that department, the mother of appellant, her sister, and the probation officer, that the adoption by petitioners was for the best interests of all parties concerned. The appellant was living in a modest home with her mother, who was employed as an assistant cook in a school cafeteria. Appellant attended high school in a small community near Bakersfield.

The form of written consent reads in part as follows:

“I, the undersigned, being the mother of the above-named minor child, and entitled to the sole custody of the said child, according to Section 200 of the Civil Code, do hereby give my full and free consent to the adoption of said child by __, the petitioners herein, it being fully understood by me that with the signing of this document my consent may not be withdrawn except with court approval.”

On April 19, 1950, appellant, through her mother, as her duly appointed guardian

ad litem,

petitioned the court for permission to withdraw her consent to, the adoption on the claimed ground that she was embarrassed and confused at the time of giving her consent and that she was assured by the representative of the Social Welfare Department that she could withdraw her consent by merely writing a letter of withdrawal to the judge of the court in which the adoption proceeding was pending; that she is now able to furnish care for the child, either in the home of her mother or in the home of her married sister, and that would be for the best interest of the child.