Adoption of Bilyeu, In re
| Decision Date | 24 April 1957 |
| Citation | 210 Or. 266,310 P.2d 305 |
| Parties | In the Matter of the Adoption of Charles Michael BILYEU, a minor. Frank Henry HESSNER and Inez Jessie Hessner, Appellants, v. Charlie BILYEU, Respondent. |
| Court | Oregon Supreme Court |
J. Ray Rhoten, Salem, argued the cause for appellants. On the brief were Rhoten, Rhoten & Speerstra, Salem.
Orval Thompson, Albany, argued the cause for respondent. On the brief were Weatherford & Thompson, Albany.
Before PERRY, C. J., and LUSK, WARNER and KESTER, JJ.
This is an adoption proceeding, which was originally commenced in the county court for Linn county. That court, over the objection of the natural father, Charles Bilyeu, entered a decree for the adoption of the child, Charles Michael Bilyeu, by the petitioners, Frank Henry Hessner and Inez Jessie Hessner. Upon appeal by Charles Bilyeu to the circuit court, the adoption decree was set aside; and from that decree the petitioners now appeal to this court.
The record shows that the child's natural mother, Betty Bilyeu, was stricken with an incurable disease, and being anxious for the future welfare of their son (then four years old), she persuaded her husband, Charles Bilyeu, to consent to the adoption by the Hessners. Mr. Hessner was a brother of the child's mother. Charles and Betty Bilyeu both executed a written consent to the adoption, dated April 4, 1950. Charles now says that the consent was not his free and voluntary act, but was done to please and comfort his wife in her dying days.
Betty Bilyeu died on May 23, 1950, and on June 14, 1950, petitioners filed their petition for adoption, relying on the written consent. On August 2, 1950, before any decree had been entered, Charles Bilyeu filed an objection to the adoption, which amounted to a withdrawal of the consent. At the hearing the county court took evidence with respect to the relative fitness of the petitioners and the natural father, and it concluded that the child's best interests would be served by the adoption. The adoption decree was entered August 15, 1950, and we are informed that the child has been with the petitioners since that time. The decree of the circuit court reversing that of the county court, was entered March 26, 1954.
In the case of Williams v. Capparelli, 180 Or. 41, 175 P.2d 153, this court adhered to the majority rule that:
'A natural parent who has consented to the adoption of a child in compliance with a statute which makes such consent a prerequisite to adoption may effectively withdraw or revoke his consent at any time before the court has made a decree of adoption.' 180 Or. at page 45, 175 P.2d at page 154.
In our view that case is determinative of this one; and even if we were to assume that elements of contract or estoppel might make the consent irrevocable, we find no such factors here. We hold that the...
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Franklin v. Biggs
...Co., 234 Or. 426, 435, 383 P.2d 55 (1963); Dugger et ux. v. Lauless, 216 Or. 188, 194, 338 P.2d 660 (1959); Hessner et ux. v. Bilyeu, 210 Or. 266, 268, 310 P.2d 305 (1957); Williams et ux. v. Capparelli, 180 Or. 41, 44, 175 P.2d 153 (1946). If the court proceeds without the required consent......
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Small v. Andrews
...259 Or. 291, 486 P.2d 567 (1971); Strobel v. Garrison, 255 Or. 16, 459 P.2d 1001 (1969), 464 P.2d 688 (1970); Hessner et ux. v. Bilyeu, 210 Or. 266, 268, 310 P.2d 305 (1957); and Franklin v. Biggs, supra. The decision below thus appears to be in harmony with the present state of the law in ......
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Adoption of Hunt, In re
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Bolin v. Moloney
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