Young Adoption Case

150 A.2d 845, 395 Pa. 558, 1959 Pa. LEXIS 651
CourtSupreme Court of Pennsylvania
DecidedMay 8, 1959
DocketAppeal, No. 133
StatusPublished

This text of 150 A.2d 845 (Young Adoption Case) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Young Adoption Case, 150 A.2d 845, 395 Pa. 558, 1959 Pa. LEXIS 651 (Pa. 1959).

Opinion

Opinion by

Mr. Justice Musmanno,

This case presents the paradox of a father who ignores his child’s birth, neglects his existence, fails to support him, never visits him, sends him no letter, card, toy, or present, displays not the slightest sentiment toward him, does not inquire about his health or well-being, comes into the town where the child lives and departs -without even asking about his whereabouts — and then, when the child is about to be adopted by persons who love and cherish this forsaken creature of humanity, steps in to object, protest, and complain. The fact that he did go into court to register his claim lends verisimilitude to the sincerity of a protest which might other-wise be interpreted as an attitude of eanis in praesepi.

[560]*560The case reaches this Court on appeal from the Orphans’ Court of Allegheny County which decreed adoption of the child, Edward Young (21 months of age) hy Thomas E. Landy and Constance Landy who had petitioned for adoption on August 29, 1957, after the child had been placed in their custody by the Juvenile Court of Allegheny County with the consent of the mother, Mrs. Mary Woomer Young, and on the assumed abandonment of the child by the father, Ralph Young. At the hearing before the orphans’ court, the following narrative of facts emerged.

Ralph Young and Mary Woomer were married in 1946 and are the parents of five children in all, Edward, (born on June 26,1956) in Pittsburgh, being the youngest. In the latter part of 1953, Ralph Young, after installing his wife and then four children in the home of his wife’s mother (Mrs. Margaret Woomer), set out for California without informing his family as to his intentions. For a year and a half he did not communicate with his wife or children, nor did he send them money, clothing, or food. At the hearing in orphans’ court he explained that he could not afford to send the family any maintenance because he was earning only $240 per month and he needed this money for his own maintenance. Although, the cost of living was high then, as it still is, the United States Government had not yet increased the cost of postage, so that it is difficult to believe that with $240 coming into his pocket every month, Mr. Young could not have purchased a three-cent stamp with which to send his family a letter to appease, if not their hunger for food, at least their spiritual need for news as to what had happened to him.

Since the children were all of tender age, Mrs. Young could not work at a full-time job, but she did work part time and, with help from a Mothers’ Assistance Allow[561]*561anee from the Department of Public Assistance of the Commonwealth of Pennsylvania, she managed to keep herself and her brood afloat on the husbandless-fatherless sea. When the financial storm became too severe, the children were given refuge in the St. Paul’s Orphan Asylum.

Finally, in May of 1955, the errant husband found a postage stamp and communicated with his wife. Almost immediately Mrs. Young packed her children on to a bus and started for the Pacific Coast, paying for the transportation herself. She joined her husband, and the reunited family established a home in Hemet, California. Although he was now earning $80 a week, he still induced his wife to cash her insurance policy so that he could get $200 with which to make a down payment on an automobile. In this automobile he brought his family back to Pittsburgh in September, 1955, and once more lodged them in his mother-in-law’s home. Three days later he started west again. Before he managed to quit'his home town jurisdiction, however, his wife exercised sufficient foresight to initiate support proceedings in the County Court of Allegheny County which court entered a support order on him for $25 per week.

Prior to their eastward trip back from California, Mrs. Young informed her husband that she was pregnant. Aside from indulging in some profanity at hearing the news, Mr. Young made no further reference then or later' to the subject, even though Mrs. Young again called his attention to the anticipated problem of another child when she wrote to him after he had departed for California from Pittsburgh.

Returned to California, Mr. Young again found difficulty in purchasing postage stamps, even though he was now earning $85 per week. He wrote his wife no letter nor did he seek any information from anyone [562]*562about the fifth child on the way. That child arrived, as before stated, on June 6, 1956, the lying-in expenses being paid by the Department of Public Assistance of Pennsylvania. In the meantime, however, Mrs. Young’s health was such that she could not care for the four children; the Juvenile Court of Allegheny County stepped in, declaring them neglected and dependent, and once more they went to the St. Paul’s Orphans Asylum.

When baby Edward entered the World, Mrs. Young’s economic problems intensified, her health worsened, and her mother felt the need to petition the juvenile court to have young Edward also adjudicated neglected and dependent. Since Mr. Young was still maintaining the silence of- Enoch Arden, Mrs. Young certified on July 13, 1956 that she consented to giving up Edward for adoption.

On July 17, 1956, the juvenile court wrote Ealph Young advising that a hearing was scheduled for August 1, 1956, on the subject of adoption and ashing for his views. Although the letter was mailed on July 17th, Ralph Young did not reply until July 29th at which time he said he did not consent to adoption proceedings. He made no request for postponement of the hearing so that he could be present, he employed no counsel to represent him, he did not even a.sk his mother or father in Pittsburgh to make inquiry as to the status of his child and what was happening. And, needless to say, he sent no money for Edward who was now placed in the Eoselia Foundling and Maternity Hospital for seven months and then given to the Landys on February 18, 1957, in anticipation of the adoption proceedings.

At the hearing before the orphans’ court, Mr. Young complained that the juvenile court was to be blamed for his absence at the hearing of August 1,1956, because the letter they mailed on July 17, 1956, had been sent first class instead of air mail. This is cutting blocks [563]*563with a razor. Even travelling by railroad, the letter would have arrived in California in no more than three or four days so that Ealph Young knew by July 21st what was transpiring in Pittsburgh about his baby. It would appear that although he complained because the juvenile court used only a three-cent stamp, he himself again found difficulty in locating a post office since he did not reply to the juvenile court letter until July 29, 1956.

On August 13, 1956, the juvenile court informed him of the status quo and Ealph Young again withdrew into his well-furnished cave of silence. Although beginning with July 1, 1956, Young was earning $6600 a year, his aversion for the United States Post Office continued. He sent no money order to Pittsburgh for his son’s maintenance.

In November, 1957, he came on to Pittsburgh for a visit. The indifference which distance had apparently fomented was not abated by geographical proximity because while in Pittsburgh he made no effort to see his helpless offspring, he made no attempt to obtain custody of him, and he extended no hand in financial or other support.

Once more back in California, Mr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Davies Adoption Case
46 A.2d 252 (Supreme Court of Pennsylvania, 1946)

Cite This Page — Counsel Stack

Bluebook (online)
150 A.2d 845, 395 Pa. 558, 1959 Pa. LEXIS 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-adoption-case-pa-1959.