ADOPTION - EFFECT ON ADOPTION PROCEEDING OF PRIOR CONSENT OF PARENT

In 1923 the mother of an illegitimate child surrendered the child to the Children's Home Society and signed an agreement consenting to adoption by any parents chosen by the institution. In 1926 in an adoption proceeding, the child was adopted by the plaintiff's intestate with the society's consent, but with no consent of the mother other than that given in 1923. Upon the death of the intestate in 1936 the plaintiffs, the natural heirs at law, brought suit to set aside the adoption proceedings as being void for lack of parent's consent. Held, that the general consent given by the mother was insufficient because it neither identified the adoptive parents nor was given in the adoption proceedings; therefore the proceedings were void for want of jurisdiction over the subject matter.

In re Holder, (N. C. 1940) 10 S. E. (2d) 620.