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ADOPTION MICHAEL J.C. DR. GEORGE A. AND BARBARA A. v. BARBARA C. (12/28/84)

decided: December 28, 1984.

IN RE ADOPTION OF MICHAEL J.C. DR. GEORGE A. AND BARBARA A., APPELLANTS,
v.
BARBARA C., APPELLEE



No. 69 E.D. Appeal Dkt. 1984, Appeal from the Order of the Superior Court entered at No. 1501, Philadelphia 1982 reversing the Order of the Court of Common Pleas of Delaware County, Orphans Court Division at No. 62 of 1981.

COUNSEL

Howard Richard, Media, for appellants.

Suzanne Noble, Chester, for Barbara C.

Joseph E. Lastowka, Jr., Media, for Michael J.C.

Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. Hutchinson, J., concurs in the result. Flaherty, J., files a dissenting opinion, in which Nix, C.j., and Papadakos, J., join.

Author: Mcdermott

[ 506 Pa. Page 519]

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

At issue in this appeal is whether the order and judgment of the Orphans Court of Delaware County terminating the parental rights of appellee under Section 2511(a)(2) of the Adoption Act of 1980,*fn1 was supported by clear and competent evidence. The circumstances surrounding this case are set forth below.

Appellee, Barbara C., was seventeen years old when she gave birth out of wedlock to Michael J.C. (child) on April 24, 1981.*fn2 At some point prior to delivery appellee decided she

[ 506 Pa. Page 520]

    would not be able to raise the child and therefore chose to place him or her for adoption. Appellee discussed the adoption plans with her family and with her therapist, Dr. Seidel.

Dr. Seidel called Human Services, Inc. concerning the possible adoption. Appellants, George and Barbara A., learned of this call and then asked their attorney, Madeline Tomlinson, to act as an intermediary and to contact appellee. After fully discussing the question of adoption appellee decided it was the correct course of conduct.

Several weeks prior to delivery appellee appeared before the Orphans Court with her mother and the attorney to confirm that she was to be provided with the payment of three thousand dollars for her recuperative expenses.*fn3 This arrangement was agreed upon. At this time appellee expressly rejected the alternatives to adoption suggested by the court, and remarked that the child would ...


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