Doe v. Doe

CARRICO, C.J.,

dissenting.

In Malpass v. Morgan, 213 Va. 393, 192 S.E.2d 794 (1972), we said that the adoption of a child should not be ordered over the protest of a parent unless “continuance of the relationship between the two would be detrimental to the child’s welfare.” 213 Va. at 399, 192 S.E.2d at 799. In the present case, the trial court found specifically that continuance of the relationship between Jack Doe and his mother “would have a definite detrimental effect” on the boy. I believe the evidence supports this finding and justifies the trial court’s conclusion that the mother’s consent was withheld contrary to the best interests of the child. Accordingly, I would affirm the order of adoption.

THOMPSON, J., joins in this dissent.