Eggleston v. Landrum, 37809

• Citation: 210 Miss. 645,50 So.2d 364,23 A.L.R.2d 696
• Decision Date: 05 February 1951
• Docket Number: No. 37809,37809
• Parties: , 23 A.L.R.2d 696 EGGLESTON et al. v. LANDRUM et ux.
• Court: United States State Supreme Court of Mississippi

Page 364

50 So.2d 364

210 Miss. 645, 23 A.L.R.2d 696

EGGLESTON et al. v. LANDRUM et ux.

No. 37809.

Supreme Court of Mississippi, Division A.

Feb. 5, 1951.

Wells, Wells, Newman & Thomas, L. O. Smith, Jr., all of Jackson, for appellants.

V. J. Stricker, Jr., Jackson, for appellees.

LEE, Justice.

Charles McGuire Eggleston and wife, Jessie May Broadway Eggleston, filed their petition in the Chancery Court of Hinds County, pursuant to Section 1269, Code of 1942, for the adoption of James Frederick Landrum, a minor, of the age of four years. Mrs. Gale Broadway Landrum, the mother of the minor, joined in the petition. Process was served on James Frederick Landrum, Sr., the father of the minor. In his answer, he denied that such adoption would be for the best interest of the child, and prayed for the custody for himself. However, on the trial, through counsel, he withdrew his opposition. Whereupon Mr. and Mrs. James C. Landrum, the paternal grandparents, filed their motion to intervene for the purpose of showing the unfitness of the petitioners to be the adopted parents of the child. The grounds stated were: (1) Petitioners were members of the Christian Science Church and would not provide medical care for the child; and (2) one of the petitioners, Charles M. Eggleston, was a habitual user of intoxicating liquor. The court authorized them to file a formal objection, and permitted them to participate in the proceedings.

After hearing the cause, the court found that the petitioners 'are fit, suitable and proper persons to be the adopted parents of said minor, except that they are believers in the doctrine and teachings of the Church of Christ Scientists, and the court finds that by reason of their belief in such faith, and solely for that reason, they are not proper persons to be the adopted parents of said minor, and that, therefore, the petition should be denied.'

From the decree entered, the Egglestons have appealed here.

Appellants complain (A) that the refusal of the court to grant the adoption was a deprivation of their rights and privileges under the First and Fourteenth Amendments to the Constitution of the United States, and Section 18, Article 3 of the Mississippi Constitution; and (B) that the decree is against the great weight of the evidence. On the other hand, to sustain the decree of the lower court, appellees contend, in effect, that: (1) Under the doctrine of parens patriae, the State has the sovereign power of guardianship over persons under disability, and it alone has the right and power to determine the recipient of the privilege to adopt one of its wards; (2) there is no absolute right of adoption, but it is the mere extension of a privilege; (3) it is against public policy to permit persons who are opposed to medical treatment on account of religious beliefs to adopt a ward of the State; (4) the findings of the chancery court are conclusive; and (5) no constitutional rights of appellants have been invaded.

Keeping in mind the several contentions, pro and con, the decision of the case must turn on the question of the extent, if any, to which the religious creed of adoptive parents may warrant the State in withholding the privilege of adoption. The answer to the immediate question necessitates a consideration of the facts.

The father and mother of the child were married on July 30, 1944. They separated August 5, 1945, three days before his birth. On January 28, 1946, a decree of divorce was awarded Mrs. Landrum, together with the permanent custody of the child, and a judgment against the father for $30 a month for the child's support. Either from unwillingness or inability, the father made no payments. It was necessary for Mrs. Landrum to work. On that account, she experienced great difficulty in procuring a suitable person to take care of her child while thus employed. In this situation, she let the child visit the petitioners. Mrs. Eggleston is a sister. She and her husband have been married fifteen years, but have no children. They live in Memphis, Tennessee, own a home in a desirable residential section, and other property. Mr. Eggleston is regularly employed at a substantial salary, and has additional income from rents. The record indicates that they are substantial people of high character. The child has been with them most of the time since June 1948. They have already started an educational fund for him. They have formed a strong love and deep affection for the child, and wish to adopt him and bestow upon him all rights which he would have as their own son.

The Egglestons are not members of, but they attend, the First Church of Christ Scientists in the city. However, since the child has been in their custody, they have procured medical care for his circumcision, smallpox vaccination, and shots or preventives against diptheria, whooping cough, and typhoid fever. When he had measles, Mrs. Eggleston contacted her sister-in-law, a registered nurse, who advised that, since the disease was broken out, it would not be necessary to call a doctor. The Egglestons affirmed that they had provided medical care and attention whenever it was necessary, and that they would continue to do so in the future.

There can be no doubt, under the doctrine of parens patriae, that the State has the sovereign power of guardianship over persons under disability, and it alone has the right and power to determine the recipient of the privilege to adopt one of its wards. To insure the best interest of a child, the power of the State transcends the rights of natural parents; and if they are unfit to have the custody, their children may be taken from them. 39 Am.Jur., Parent and Child, Sec. 15, p. 602.

Likewise, there is no absolute right of adoption. It is the extension of a privilege. 'The right of adoption * * *, was...