Department of Public Welfare

This is an appeal from the denial of a motion to vacate a decree entered under G. L. c. 210, § 3, dispensing with the consent of a mother to her daughter’s adoption. The motion as filed in the Probate Court alleged improper service of process and lack of knowledge or notice of this proceeding.

1. The mother’s claim of improper service cannot be sustained. By filing a general appearance and by failing to raise the defense of insufficiency of service of process in her answer, she has waived such defense. Buckley v. John, 314 Mass. 719, 722 (1943).

2. Counsel for the mother when questioned by this…