185 N.E.2d 51 | Ohio Ct. App. | 1962
This is an appeal on questions of law from a judgment of the Probate Court denying appellants' petition to adopt Jean Kaye Baker. Petitioners are a Caucasian husband and his Japanese wife. The child was born out of wedlock and is the offspring of a mother of English descent and a Puerto Rican father.
Shortly after her birth on March 24, 1960, upon application of her mother, the infant was surrendered to Children's Services, a certified social agency, for permanent guardianship. Difficulty was encountered by the agency in placing the child in a foster home, because of her mixed nationality, until she was *27 placed in the home of the petitioners in October 1960, when she was about one year old. The petitioner husband is a native American, 38 years old and a Korean War veteran, has a good education and is employed as a skilled machinist. Yoshiko Okuda Baker is a 36-year old native born Japanese, was reared in an educated family and has two years of college education. Petitioners courted for over a year prior to their marriage in 1949. According to the family physician, the wife is unable to bear children. She became a naturalized citizen in 1954.
Children's Services is a fully accredited social-service organization appointed by the court as next friend, pursuant to the provisions of Section
Here, according to the social worker who investigated the case, the child's adjustment and development in the home have been excellent, and the child is well and happy. References consulted during the investigation warmly approved the Bakers' care of the child. Children's Services, as the agency having permanent custody of the child, filed in the proceeding its answer and consent to the adoption. The agency regards the Bakers as loving capable parents and unqualifiedly recommends that the adoption be granted. No appearances were had in opposition to the adoption.
Notwithstanding that the primary responsibility is bestowed upon the Probate Court by the provisions of Chapter 3107 of the Revised Code, great weight should be accorded to the report and recommendation of the next friend.
In denying the petition, the Probate Court in its opinion emphasized that the import of the provisions of Sections
The judgment is reversed and cause remanded to the Probate Court with direction to grant the interlocutory petition for adoption and for such other proceedings at law as may be necessary in accordance with this opinion.
Judgment reversed.
BROWN and YOUNGER, JJ., concur.
FESS, J., of the Sixth Appellate District, BROWN, J., of the Seventh Appellate District, and YOUNGER, J., of the Third Appellate District, sitting by designation in the Eighth Appellate District. *29