Adoption of L, In re

• Decision Date: 14 May 1959
• Docket Number: No. 2814,2814
• Citation: 151 A.2d 435,56 N.J.Super. 46
• Parties: In the Matter of the ADOPTION OF L.
• Court: New Jersey County Court. New Jersey County Court — Probate Division

Page 46

56 N.J.Super. 46

151 A.2d 435

In the Matter of the ADOPTION OF L.

No. 2814.

Essex County Court, Probate Division, New Jersey.

May 14, 1959.

Edward Terner, West Orange, for plaintiff.

Eugene T. Urbaniak, Deputy Atty. Gen., for the State (David D. Furman, Atty. Gen.).

CONKLIN, J.C.C.

L was adopted by Mr. and Mrs. C on a complaint filed March 17, 1952, which adoption was granted May 2, 1952. The minor lived with her adopting parents until about 1958, when she left her foster home and went to live with her mother in New York. A supplemental complaint was filed on February 5, 1959, by the foster parents, alleging that it is for the best interest of the adopted child that the judgment of adoption be abrogated and that the custody of the child be restored to the natural mother. The complaint had appended the consent of not only the natural mother and the foster parents, but the child as well.

The matter was set down for hearing, at which time the court took testimony from the foster parents as well as the child. The substance of the testimony reveals that the adopted child prefers to be remanded to the control and custody of her natural mother rather than reside in the home of the foster parents. The desire of the child to live with her natural mother emanates from an aspiration to avoid the more severe parental control which is exercised by the foster parents. The natural mother allows a greater latitude of social and recreational activity, unhampered by the discipline which the foster parents exercise. In passing, the court takes particular note of the fact that the natural mother refused to take the stand at the hearing of this matter but was content to make representations through her attorney. The court cannot help but be influenced by the failure of the natural mother to openly testify in court as to why she desires the return of her child to her custody and control. Various inferences can be drawn from her failure to testify, not the least damaging of which is that she would be unable to deny upon cross-examination from the State that the parental control which she exercises upon L is lax and not of the degree to which a growing adolescent must be subjected if she is to steer a straight course through the temptations and foibles of life.

Although the natural mother could perhaps bring to the court's attention strong and convincing data that this child would be given the proper background under the care and guidance of her natural mother, the fact that the natural mother has failed to take the stand to support her wish for the remanding of custody and control of her child, along with the fact that the child was born out of wedlock and the mother was a former inmate of Clinton Reformatory, raises grave doubts in the mind of the court as to the fitness of this woman to properly rear L.

The State has raised a delicate problem by questioning the inherent power of this court to abrogate this adoption which has heretofore been consummated. Research reveals that the problem is indeed a delicate one, New Jersey cases failing to reflect a single case where an adoption has been abrogated. In addition, the adoption statute, N.J.S.A. 9:3--17 et seq., fails to provide any statutory remedy for the application which is now before the court. There are several sections of the adoption act, along with its construction, which would appear to be apposite to the question presented to the court. N.J.S.A. 9:3--17 provides the court with a large amount of discretion in...