Winton

This is an appeal by Joan Lenore Hertz, the mother of the child, (1) from an order denying her petition for withdrawal of her consent to adoption, and (2) from the judgment of adoption. The appeal is upon the judgment-roll.

The child was born in a hospital in Los Angeles on April 3, 1962. On April 7 he was taken from the hospital to the home of Mr. and Mrs. Winton where he has remained since that time. On April 13 they filed their petition for adoption of the boy. On May 29, 1962, Joan Hertz signed a ‘ ‘ Consent to Adoption,” which stated in part that “having sole custody” of the child, she gave her consent to the adoption of the child by Mr. and Mrs. Winton. The consent was signed at the office of the Los Angeles County Bureau of Adoptions in the presence of an authorized agent of the bureau.

On September 27, 1962, Joan Hertz filed her petition for withdrawal of her consent to adoption, which petition stated in part that she “now desires to withdraw her consent for the adoption of said minor child for the reason that petitioner was emotionally upset when said consent was executed ; that said consent was executed by petitioner by reason of undue influence, fraud and duress by…