Guardianship of Rutherford

The primary question for determination on this appeal is whether the evidence is sufficient to support the finding of the trial court that an unwed mother, who had placed her baby daughter for adoption, had abandoned her child within the meaning of the provisions of section 1409 of the Probate Code.

The minor, Baby Girl Rutherford, was born out of wedlock on September 14, 1958. Her mother, the appellant herein, was 23 years of age; prior to the baby’s birth was concerned about giving the baby a name and also about the effect which knowledge of her condition would have upon her parents; had…