Winton v. Hertz

WOOD, P. J. This is an appeal by Joan Lenore Hertz, the mother of the child, (1) from an order denying her petition for withdrawal of her consent to adoption, and (2) from the judgment of adoption. The appeal is upon the judgment-roll.

The child was born in a hospital in Los Angeles on April 3, 1962. On April 7 he was taken from the hospital to the home of Mr. and Mrs. Winton where he has remained since that time. On April 13 they filed their petition for adoption of the boy. On May 29, 1962, Joan Hertz signed a ‘ ‘ Consent to Adoption,” which stated in part that “having sole custody” of the child, she gave her consent to the adoption of the child by Mr. and Mrs. Winton. The consent was signed at the office of the Los Angeles County Bureau of Adoptions in the presence of an authorized agent of the bureau.

On September 27, 1962, Joan Hertz filed her petition for withdrawal of her consent to adoption, which petition stated in part that she “now desires to withdraw her consent for the adoption of said minor child for the reason that petitioner was emotionally upset when said consent was executed ; that said consent was executed by petitioner by reason of undue influence, fraud and duress by divers persons, and under mistake of fact and law; and but for said facts, petitioner would not have executed said consent. ’ ’

On November 26 the Los Angeles County Bureau of Adoptions, pursuant to section 226a of the Civil Code, filed its report regarding Joan Hertz’s petition for withdrawal of consent. In that report the bureau recommended that the petition for withdrawal be denied, provided that the court found that the mother was not under duress when she signed the consent. Also on November 26, the bureau, pursuant to section 226, presented its report regarding the adoption petition of Mr. and Mrs. Winton. In that report the bureau recommended that the adoption petition be granted, provided that the court found that the consent was valid and should not be withdrawn.

The two petitions (for withdrawal of consent, and for adoption) were consolidated for hearing. The petition for withdrawal of consent was denied, and the petition for adoption was granted.

The order denying the petition for withdrawal of consent [271]stated, in part, as follows: On May 29, 1962, the mother, Joan Lenore Hertz, delivered to the Los Angeles County Bureau of Adoptions her consent to adoption, which consent was dated May 29, 1962, and was signed by said natural mother in the presence of an agent of said bureau, a licensed county adoption agency, on a form prescribed by such department. The mother was the only parent required by the laws of California to sign such consent. The court finds that said consent was fully and freely given; that when the mother signed the consent she was not acting under or by reason of undue influence, fraud or duress or mistake of fact or law; that withdrawal of the consent would not be reasonable in view of all the circumstances; and that the withdrawal would not be for the best interests of the child.