Smith v. Green

This is an appeal from a decree denying a petition for adoption of a minor child. The petition was based upon the narrow ground under ORS 109.324 of “neglect without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding” the filing of the petition.

The parents of the child were properly served with citation at their domicile in Utah, as required by ORS 109.330, and they appeared by written answer and in person. The answer, inter alia, alleged that the child was being wrongfully withheld from them by petitioners, that it is in the child’s…