Thompson v. Dep't of Soc. Welfare

BROWN (Gerald), P. J. Charles H. Thompson and Elizabeth S. Thompson appeal from a judgment denying their peti[736]tion to independently adopt the infant boy Driscoll and ordering the Orange County W elf are Department, as agent of the State Department of Social Welfare, to take custody of the child for further placement.

In December 1966 when he was a little over a month old, the boy, named Robert by the Thompsons, was released to them from the hospital of his birth. Robert has been with the Thompsons ever since, the trial court having stayed execution of its judgment pending appeal.

The Thompsons’ adoption petition was filed February 16, 1967, when Mr. Thompson was aged 61 and Mrs. Thompson 58. Some difficulty followed concerning obtaining a consent to the adoption from Robert’s natural mother. Respondent State Department of Social Welfare contends this court must resolve whether the natural mother’s consent was free, voluntary and knowledgeable. The Department accepted the consent and the court below, by its ruling, necessarily ruled the consent was sufficient. This is so because the court did not return the child to his natural mother as would have been mandatory had the court found no consent. (Civ. Code, § 226b.) While there are conflicting inferences, the court’s finding the consent was sufficient is supported by substantial evidence and inferences reasonably drawn from that evidence.

On August 16, 1967, the State Department of Social Welfare filed its report stating it appeared to be to the best interests of Robert the adoption be completed. The Department, however, “reluctantly” recommended the petition be granted.

On its own motion the court set a hearing to take testimony on the Department’s report. The reluctance of the Department stemmed from the age disparity between Robert and the Thompsons. A medical report, in evidence by stipulation, states Mr. Thompson has for several years had cerebral arteriosclerosis and in 1957 he suffered a cerebral thrombosis. He rapidly and completely recovered from all of the effects of the cerebral thrombosis with no residual factors or disability.

Other than age and related health factors the Department’s investigation of the Thompsons’ home is generally favorable. Robert is very well taken care of, he is very much a part of the home and all members of the household are interested in him and his well being. The Thompsons have three adult children ranging in age from 19 to 41, two of whom are adopted. Mary Ellen the 19-year-old lives at home. The younger of two married sons, Laieton, 23, and his wife have