Bailey v. Mars

This is an appeal by the defendants from a judgment of the Superior Court in Hartford County setting aside an interlocutory decree of the Probate Court for the district of Hartford. The decree approved a valid written agreement between the defendants and the plaintiff whereby the latter as natural parent gave to the former her minor illegitimate child in adoption. The question for determination is whether the plaintiff, who, pursuant to 6866 of the General Statutes, had voluntarily joined in the agreement, had the legal right, at any time prior to a decree of adoption entered upon an application under 6867, to withdraw her consent and thereby deprive the Probate Court of jurisdiction. These pertinent facts found by the trial court are undisputed: In January, 1949, the plaintiff, an unmarried woman residing in Hartford, became concerned and emotionally upset upon learning that she was pregnant and that there was no possibility of assistance from the father upon the birth of the child. Pursuant to the suggestion and persuasion of the physician attending her, she later conferred with an attorney representing the defendants concerning the giving of the