In Re Harshey

This is an appeal from a judgment of the Probate Court of Cuyahoga County dismissing appellant’s petition for the adoption of Gary Harshey.

The child who appellants seek to adopt, Gary Elledge, was born out of wedlock on May 6, 1971. When Gary Elledge was five weeks old, his mother placed him in the home of Mr. and Mrs. Alex Kocsis. Mrs. Alex Kocsis is an independent licensed foster mother. Mr. and Mrs. Kocsis had already been granted custody of Gary’s older half-brother, Nick Elledge, whom they adopted on February 18, 1972.

In March of 1973, Mr. and Mrs. Kocsis indicated to a social worker of…