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ADOPTION BABY BOY O. APPEAL D. L. O. H. AND R. F. H. (11/26/79)

SUPREME COURT OF PENNSYLVANIA


decided: November 26, 1979.

ADOPTION OF BABY BOY O. APPEAL OF D. L. O. H. AND R. F. H.

No. 788 January Term 1977, Appeal from final decree of the Court of Common Pleas, Orphans' Court Division of Montgomery County at No. 170 of 1976.

COUNSEL

James P. Geohegan, Norristown, for appellant.

Richard A. Rosenberger, Souderton, for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen and Flaherty, JJ. Manderino, J., did not participate in the consideration or decision of this case.

Author: Per Curiam

[ 487 Pa. Page 44]

OPINION

In this contested adoption proceeding, the Court of Common Pleas of Montgomery County, Orphans' Court Division, entered a final decree involuntarily terminating the parental rights of D.L.O.H. and R.F.H. in respect to their son, Baby Boy O. This appeal challenges that decree.

The trial court found that D.L.O.H. had freely and knowingly executed a written consent to the adoption of her son, and also concluded that both D.L.O.H. and R.F.H. had failed to perform their parental duties in respect to their son continuously for a period in excess of six months without reasonable excuse. Cf. Act of July 24, 1970, P.L. 620, 1 P.S.

[ 487 Pa. Page 45]

§§ 101 et seq. (Supp.1978), §§ 311 and 411. Our study of the record is persuasive that the court's findings and conclusions are warranted by the testimony and that the appeal is without merit.

Decree affirmed. Each side to pay own costs.

19791126

© 1998 VersusLaw Inc.



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