Matter of Adoption of Smigaj

A stepfather of a seven year old female child appeals from an order dismissing his petition for adoption entered by the district court of Lewis and Clark County, Honorable Gordon R. Bennett, district judge, sitting without a jury.

The case comes to us on the basis of an agreed statement of fact in lieu of a record on appeal pursuant to Rule 9(d), M.R. App.Civ.P. The agreed facts indicate that the child, Jamie Lynn Smigaj, was adopted when she was one year old by James E. Smigaj and Alberta Smigaj, husband and wife. Subsequently James Smigaj became totally disabled and as a consequence thereof,…