Boyed v. Wilson, 12560
| Decision Date | 30 April 1953 |
| Docket Number | No. 12560,12560 |
| Citation | 258 S.W.2d 223 |
| Parties | BOYED v. WILSON et al. |
| Court | Texas Court of Appeals |
Howard C. Boyles, of Baytown, Butler, Binion, Rice & Cook and Percy Don Williams, of Houston, for appellant.
Shannon L. Morris, of Baytown, for appellee.
This is a proceeding by T. R. Wilson and wife, to adopt Maryann Bowman, a white child, five years of age. Prior to the institution of the proceedings, on March 15, 1952, the child's natural mother, who was then Mary Ernestine Thompson, executed her written consent to the adoption, which was filed in the proceedings. Prior to the hearing on the adoption proceedings, the child's mother married one Boyed, and thereafter filed a written withdrawal of her consent to the adoption. The child's natural father also filed an answer in which he objected to the adoption. The mother's parents also intervened and filed an answer, objecting to such adoption. The court found that the child's natural father had abandoned her before her birth, and had made no contribution toward her support, and the Honorable Roy F. Campbell, acting as Judge of the Juvenile Court of Harris County, filed his consent to the adoption.
Upon the hearing before the Honorable Wilmer B. Hunt, Judge of the 133rd District Court of Harris County, without a jury, judgment was rendered granting the adoption so sought by T. R. Wilson and wife. In response to request for conclusions of fact and law, the court found to the effect: (a) that the child had not been voluntarily abandoned and deserted by her mother, (b) that the natural mother did execute her written consent voluntarily for the adoption of the child by the Wilsons, (c) and that prior to the hearing, the natural mother did withdraw her consent to the adoption; but found that such withdrawal of consent 'was neither predicated upon good cause nor any cause presented in evidence save her change of mind.'
The court concluded as a matter of law that it was competent for a natural parent to withdraw the consent given for the adoption of a child at any time before the hearing on the adoption, but that such withdrawal does not deprive the court of jurisdiction to hear and determine the matter of adoption, unless the withdrawal is shown to have been predicated upon good cause. And the court concluded that notwithstanding the withdrawal of consent that the court was authorized to permit the adoption.
The child's mother has perfected her appeal in the proceedings, and predicates it upon two points to the effect (1) that the court was without authority to permit the adoption after the consent, required by Art. 46a, was withdrawn by the natural parent, and (2) that there was no evidence or at least insufficient evidence to support the court's finding that the appellant lacked good cause for withdrawing her consent.
The question here presented, the authority of the court to proceed to judgment of adoption after the natural parent has withdrawn the written consent required by Sec. 6, of Art. 46a, has not heretofore been presented for determination by this court. Neither has the question been determined by the Supreme Court of the State. The majority of the courts of Civil Appeals of the State which have had occasion to pass on the question have determined that the natural parent has the...
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Adoption of McKinzie, In re
...League, 1942, 69 Ohio App. 442, 44 N.E.2d 113; In re Adoption of Kane, 1952, 91 Ohio App. 327, 108 N.E.2d 176; Boyed v. Wilson, Tex.Civ.App.1953, 258 S.W.2d 223; Adoption of Harvey, 375 Pa. 1, 99 A.2d 276.2 For cases considering such questions since the annotation in 156 A.L.R., see Petitio......
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Adoption of Lauless, In re
...Wheeler v. Howard, 1955, 211 Ga. 596, 87 S.E.2d 377; In re Thompson's Adoption, 1955, 178 Kan. 127, 283 P.2d 493; Boyed v. Wilson, Tex.Civ.App.1953, 258 S.W.2d 223; see generally 138 A.L.R. 1038, 156 A.L.R. According to the better view however, the right to revoke consent is not absolute. D......
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Swinney v. Mosher
...be withdrawn at any time before an adoption decree is entered. Wilde v. Buchanan, 157 Tex. 606, 305 S.W.2d 778 (1957); Boyed v. Wilson, Tex.Civ.App., 258 S.W.2d 223 (1953), writ refused. It follows that the acts of a parent in executing a consent to adoption and delivery of possession of a ......
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