In re the Adoption of Maxwell

This adoption order was invalid on two separate grounds and should be reversed. First, it violated section 373 of the Social Welfare Law and section 113 of the Domestic Relations Law, each of which requires that in making any order of adoption the court must ‘ ‘ when practicable ” give custody “ only to persons of the same religious faith as that of the ” child. In the second place, this adoption order fails to meet the requirement of section 111 of the Domestic Relations Law as to consent. This child’s mother had not “abandoned ” the child within the meaning of that statute *436and on the facts…