Fitzgerald v. Davidson

STEINFELD, Judge.

Appellee Marguerite Davidson is the mother of Zmona Davidson, an infant girl less than one year of age. On March 5, 1971, when Zmona was about six months of age, Marguerite and her husband, Zmona’s father, voluntarily left the child at the home of appellant Dorothy Jean Fitzgerald and her husband. It is claimed that the Fitzgeralds agreed to care for Zmona as if she were their own daughter in consideration for the promise that they would be permitted to formally adopt her. Thereafter, Marguerite’s husband gave his written consent to the adoption but she never did.

On June 17,…