Adoption of Bird

In this adoption matter, the minor’s natural father, Dale Bird, has appealed from the order denying his motion to vacate and set aside the decree of adoption and from the order granting the motion of the adoptive father, Frank Martin Celusta, Jr., for the entry of such decree nunc pro tunc as of the date upon which Celusta’s petition for adoption was heard.

The child was born on March 30, 1954, while the mother was married to Dale Bird. That marriage was terminated by divorce. On November 15, 1957, the mother, who had custody of the child, married Frank Martin Celusta, Jr. The natural father, Dale Bird, also remarried. On January 31, 1958, the mother’s attorney wrote to Mr. Bird with respect to his delinquency in the payment of support for the child. Mrs. Bird answered that letter on behalf of her husband and submitted information bearing on their financial difficulties. This information related to a miscarriage suffered by Mrs. Bird and to the matter of Mr. Bird’s lack of steady work for a period of time. On February 12, 1958, the attorney again wrote to Mr. Bird and acknowledged the receipt of a check for $20 for the support of the child. In that letter it was further stated…