Adoption of Doe, In re

• Decision Date: 21 February 1964
• Citation: 197 A.2d 469,57 Del. 132
• Parties: , 57 Del. 132 In re the ADOPTION OF John DOE. Orphans' Court of Delaware, New Castle County
• Court: Delaware Family Court

Page 469

197 A.2d 469

7 Storey 132, 57 Del. 132

In re the ADOPTION OF John DOE.

Orphans' Court of Delaware, New Castle County.

Feb. 21, 1964.

Thomas G. Hughes, Wilmington, for petitioner, an Adoptive Agency of the State of Delaware.

Daniel F. Kelleher, Wilmington, for respondent, Mary Doe.

Sidney Clark, Wilmington, for respondent, Robert Doe.

McNEILLY, Judge.

This matter arises by reason of a Motion filed by an Adoptive Agency of the State of Delaware in the following words, to-wit:

'The Adoptive Agency (name of Agency deleted) moves the Court to set aside the Decree of Adoption entered on July 26, 1963 and to deny the said Robert Doe and Mary Doe adoption of the said John Doe, a minor, on the grounds that the said Robert Doe and Mary Doe did fraudulently fail to reveal and did misrepresent certain material facts as to their qualifications to properly maintain, care for and educate the said minor; and that as a result of said fraudulent conduct it is not in the best interest of said child to be adopted by the said Robert Doe and Mary Doe, and that had the said Adoptive Agency been aware of the true facts concerning the qualifications of the said Robert Doe and Mary Doe it would not have granted its consent to the aforementioned adoption. Attached hereto as Exhibit A. is the Affidavit of the Director of the Adoptive Agency (Name of Director deleted).'

In support of this Motion an Affidavit was attached thereto made by the Director of the Agency in the following language, to wit:

'(1) I am the Director of . . . (Adoptive Agency) and among my duties am charged with overseeing the adoption policies, investigations and recommendations made by the Agency, an authorized Agency under 13 Del.C. Ch. 9.

'(2) Social workers under my supervision prepared the customary investigation into the bankground and fitness of Robert Doe and Mary Doe, husband and wife, who wished to adopt an infant child through an Adoptive Agency of the State of Delaware.

'(3) No information was discovered which indicated that the Does were not morally and economically fit to be adoptive parents prior to July 26, 1963 by the Adoptive Agency or its Agents.

'(4) However, it has later been discovered that Mary Doe left the marital home on or about August 21, 1963 and on information and belief Mary Doe took up residence in Dover, Delaware with a Mr. Richard Roe, a former neighbor of Mary Doe.

'(5) On information and belief the home life represented to the Social Workers of the Adoptive Agency by the Does was deliberately falsified for the Does put on a display of domestic tranquility when in fact their home was not stable or conducive to proper adoption.

'(6) On information and belief the moral conduct of Mary Doe prior to the Final Decree and after the Final Decree makes her an unfit person to be an adoptive parent.

'(7) In light of the information obtained the Adoptive Agency would not have consented to the adoption of John Doe by Robert Doe and Mary Doe, his wife.'

The Respondents, Robert Doe and Mary Doe, were married on May 18, 1957 and at the time of the hearing in this matter Mr. Doe was thirty-two years of age and Mrs. Doe was twenty-five years of age.

Mrs. Doe was one of a family of ten children, and her husband, whose Mother died when he was eight months old, and whose Father remarried at the then age of twenty, was raised by his paternal Grandmother and never had the benefit of a Father except for a very short period of time after his Grandmother's death.

Following the Doe's marriage they attempted on many occasions to have children, but it was learned early in their married life that Mrs. Doe was unable to have children although on one or more occasions she had thought she was pregnant and had proudly indicated that fact to family gatherings at Christmas time which was in accordance with family custom. As a matter of fact, Mr. and Mrs. Doe were so disappointed that they could not have children and so desirous of having children that she spent almost three years having medical tests and going through medical treatment in an effort to correct the unhappy situation. All of this was to no avail, however, and on February 4, 1960 Mrs. Doe first contacted the Adoptive Agency, a licensed Adoptive Agency in the State of Delaware, concerning the possibility of adopting a child. Since the present Petition is based upon fraud on the part of Mr. and Mrs. Doe in obtaining the ultimate consent of the Adoptive Agency to the adoption in question it becomes pertinent to quote a part of this letter as follows:

'My husband and I will be married three years May 18, 1960. To some people this doesn't seem like such a long time, but to us it is an eternity. We hoped we would be able to start a family right away. We didn't stop to think that we would ever have any trouble. It seems, as the time goes by, we just grow a little more disappointed. We talked about adopting a baby, and have decided that an adopted baby can make us as happy, as if we had our own. * * * We are both very found of children, that is why it is so important for us to have a family. We are buying a new home, and plan to move in April. A home is for a family to share, so we feel we cannot be entirely happy in one, unless children can share this happiness with us. * * *'

Following this initial contact and subsequent communications Mr. and Mrs. Doe made a formal application on November 28, 1961 for the adoption of the child who is the subject of this proceeding. In due course Mr. and Mrs. Doe attended a pre-adoptive meeting at which the Director and an Assistant of the Adoptive Agency spoke to the prospective adoptive parents and at which time Mr. and Mrs. Doe were told by the Assistant, in the words of Mrs. Doe, that now was the time prior to entering into the actual adoption proceedings to shake the skeletons out of the closet and take inventory of whatever problems they might have. No information was forthcoming at that time concerning any difficulties that might have existed between Mr. and Mrs. Doe, and there is nothing in the record to substantiate any thought that there were any differences at that time. In fact, the Social Worker who performed the background and pre-adoptive study para-phrased very well her conclusions of the actual marital status of this couple during and at the conclusion of her study in the following words:

'They like doing things together but with her working three nights a week and his attending school the two nights she is at home they do not have much opportunity for this except over weekends. Then they visit relatives and friends in Wilmington and Philadelphia, go to the movies, shows, chaperon C.Y.O. dances, help with other Church activities and enjoy romping with their poodle and collie. Mr. Doe likes to read and both attend the Albertson Civic Club once a month.

'Mrs. Doe likes to cook and try out new recipes. He likes to eat what she makes, he likes to build things for the house and she likes to sew.

'When they have disagreements they talk them out. He laughs at her when she gets going and this breaks her up. Both learned long ago not to argue. Mr. Doe said you win nothing by arguing. In a disagreement the emotional components get out of hand. So their sense of humor comes into their disagreements and then they talk them out.

'It is clear to see that this couple have a mutual love and respect for each other and that his strong pull is for his wife and his home while hers is to achieve the home life both want. Yet one is aware that children will enrich this home not because something is lacking in this marriage, but because there is in this marriage and this couple's attitude the awaiting of their complete fulfillment with the advent of their own children.'

In the adoptive study which leads to the placement or non-placement of an adoptive child the Case Worker stated in this instance that it was her duty to make a study of the family but that it was not her duty to act in the capacity of an Investigator to uncover hidden facets of the prospective adoptive parents' lives. In making her study she felt that it was clearly understood by all parties concerned, as a result of preliminary interviews and lectures, that all matters pertaining to the family and family life of those who were being considered as adoptive parents should be held out to the Worker in an open and above-board manner. At no time during her study was any dissension between Mr. and Mrs. Doe noted, and according to the evidence before me it appears that no serious dissension did in fact exist at that time.

On March 23, 1962 the child who was then ten days old was placed for adoption with Mr. and Mrs. Doe, and thereafter another member of the Adoptive Agency took over the supervision of the child and parents in the adoptive home during the required ensuing year. Immediately following the placement of this child, and specifically on March 23, 1962, Mr. and Mrs. Doe signed an Agreement with the Adoptive Agency in which they agreed among other things as follows:

'We shall work closely with the Adoptive Agency during the supervisory year, keep the Agency advised of any significant changes in our family situation, permit its representative to visit our home, and attend Agency meetings designed to assist us with the adoption.'

In the same text the Adoptive Agency through its Director agreed as follows:

'The Adoptive Agency placed a child with Mr. and Mrs. Robert Doe for the purpose of adoption and intends to allow them after a period of supervision to adopt the child legally and thus have the child become the same as their own natural child. We agree to consent to the legal adoption if, after the period of supervision, the above conditions have been filled and if we feel that the adoption will serve the interest of the child.

'We reserve the right to withdraw the child prior to legal adoption if, in our judgment, such removal is warranted and if we feel that the adoption will not...