In Re Adoption of Female Child

Summary

The court held that the mother had not abandoned the child and that the adoptive couple therefore could not obtain custody or adoption based solely on the child's best interests. Because no finding of parental unfitness or substantial harm had been made, the mother was entitled to custody over the non-parent couple. The judgment was reversed, the adoption petition dismissed, and the case remanded for an unconditional transfer of custody to the mother.