In Re Clements'petition

This case comes to this Court on direct appeal from the Chancery Court of Hamilton County from a decree dismissing an adoption petition and sustaining an intervening petition of the Department of Public Welfare.

On October 28, 1954, a petition to adopt the child in question was filed by Dr. and Mrs. Clements with the consent of the natural mother which consent was heard and approved by the Chancellor. According, to the petition Dr. & Mrs. Clements acquired the custody of the child on March 18, 1954 and at that time she was five years of age having been born on August 25, 1949. On October…