James "Doe" v. Isabel "Roe"

These consolidated appeals raise an interesting question, namely, whether a putative father can oppose the adoption of his son, born out of wedlock, by relying on an agreement entered into with the boy’s mother.

The agreement was executed by the putative father, “ Doe ” (“Doe” being fictitious), on October 31, 1966 and by the mother, who is now (Mrs.) Isabel “Roe” (“Roe” being fictitious), on November 4, 1966. It provides in pertinent part as follows:

“ 1. The Mother shall have custody and control of the Child, subject however, to the following terms and conditions: * * *

“ (h) Notwithstanding…