Adoption of Oukes

On May 16, 1968, petitioners Larry Lee Moore and Kay Jewel Moore (husband and wife) filed a petition for the adoption of the twins, Andrea and Andrew Oukes, born on March 18, 1966, to appellant Donna Lee McGary Oukes and Jan Oukes, her husband. Kay Moore is Jan’s sister and paternal aunt of the infants. Jan signed a formal consent to adoption of the twins by the petitioners on August 14, 1968. He had orally agreed to the adoption prior to petitioners’ instituting the adoption proceedings. Appellant refused to consent.

Petitioners then, on December 5, 1968, filed their petition to have the infants declared free from the custody and control of their natural parents. (Civ. Code, § 232, subd. (a).) A judgment declaring the minors free from tite custody and control of the natural parents (2d Civ. No. 35535) and a decree granting the petition for adoption of the minor children (2d Civ. No. 35534) were both granted and entered April 24, 1969. The appeal is from both the judgment and decree. However, appellant has directed her contentions of error only against the judgment declaring the infants to have been abandoned.

Appellant contends: (1) The finding that she abandoned the…