White v. Seward

Collins, J., delivered the opinion of the Court. Elihu.H. Seward and Catherine Hearn Seward are the father and mother of the following children: Elizabeth, born in 1939; David, born in 1940; Herbert, born in 1942, and George Samuel Seward, born February 11,1944. ⁴⁵ Sometime previous to September 9, 1944, the father, Elihu H. Seward, became a member of the armed forces of the United States. On September 9, 1944, all four children were placed in the custody and care of the Wicomico County Welfare Board by the Juvenile Court for Wicomico County. The father obtained a furlough, came home, and appeared in Court with his wife at the time of that commitment.

At that time an understanding was reached that the mother would go with her husband near the camp where he was stationed. The Court committed the four children to the Wicomico County Welfare Board with the understanding that they would be placed in homes where they would receive proper care. At that time Mr. Seward was told that when he was discharged from the service of the United States and could re-establish his home in a manner satisfactory to the Court, the Court would consider returning the children to the parents. At that time George Samuel Seward was in poor health and confined to the hospital.

All four children were placed in homes. The Welfare Board grants two types of licenses to foster parents; one where the child is for adpotion, and the other where adoption is not contemplated. The infant child, George Samuel Seward, was placed, subject to the rules and regulations of the Welfare Board, which were understood by William Earl White and Nellie Mary White, the appellants in this case, in their home. They were told at that time that this infant was not for adoption and that their home was not licensed as an adoption home.

The father made an allotment from his Army pay to the Welfare Board and the Whites were paid monthly for their services to the infant, by the Welfare Board. In addition the Welfare Board provided clothing and medical care. The Whites were told at the time of commitment and during commitment that George was not placed in their home with any intention of adoption. The father, after serving overseas, was discharged from the Army in October, 1945, and shortly afterwards obtained work in Wilmington, Delaware, where, at the ⁴⁶ time of the hearing in this case, he was receiving a salary of $138 per month and a pension of $115 monthly.

Although it appears, according to the testimony in this case, that differences had previously arisen between himself and his wife, they are now living together in a room in Wilmington, Delaware, and are making plans to re-establish their home there. In spite of the fact that the appellants had always been informed that George Samuel Seward was not placed with them for adoption, they filed on November 29, 1945, in the Circuit Court for Wicomico County a petition for adoption of the said infant, George Samuel Seward, and that his name be changed to William Earl White, Jr. This petition was opposed by the parents. After a hearing before the Chancellor at which time the facts above recited were presented, together with other facts, the Chancellor dismissed the petition for adoption and change of name by decree passed on February 12, 1946. From that decree the appellants appeal.

It is not disputed that the infant has received excellent care in the home of the appellants and that his health has improved. Appellants have been paid for their services up until the time the petition for adoption was filed. This is not a case merely for the custody of an infant whereby its temporary status is to be determined. By adoption its natural and legal ties with its father and mother are severed.

The only authority given the Chancellor and this Court to grant the relief asked for is by Code, Article 16, Section 78, which provides substantially as follows: “The several equity courts of this State, upon the application of any person residing in the city or county where such application, is made, or the equity court in the city or county where a person to be adopted resides, shall have power to pass a decree declaring any person the