How have the courts treated the probation officer's report of the appellant in an adoption application?

California, United States of America


The following excerpt is from Adoption of Thevenin, In re, 11 Cal.Rptr. 219, 189 Cal.App.2d 245 (Cal. App. 1961):

The final argument is that the trial court erroneously considered the report of the probation officer with no presentation therein of the appellant's position. There is no merit in this contention. Appellant's argument is based on the erroneous assumption that an adoption proceeding is a contest between the petitioner and the non-consenting parent rather than a proceeding quasi in rem which creates a status (Walter v. August, 186 Cal.App.2d 395, 8 Cal.Rptr. 778), and in which the only criterion is the best interest of the child. Civ.Code, 227; In re Santos, 185 Cal. 127, 195 P. 1055.

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