The opinion
WELCH, Justice
(concurring specially).
It is argued by the parties that in this case some injustice has been done to the mother and father of these children.
As to that, I would point out that the result of this case is based upon three things: (1) The apparent consent of both the mother and father, as is pointed out in the majority opinion; (2) A solemn law enacted by the Legislature, and approved by the Chief Executive, which is binding on this court, and on all other citizens of the state; (3) A final judgment of a court of record, the County Court of Latimer County, Oklahoma, which judgment was not objected to nor appealed from, and which judgment is likewise binding on all the parties here involved.
The cause in the County Court was commenced by Wayne Russell, County Attorney, and the judgment recited in part as follows:
“Now on this 4th day of April, 1953, the same being one of the regular days of the April term of Court, this cause comes on for hearing upon the Petition of Wayne iRussell, to declare James Albert Tindell and Frances Sue Tindell, dependent and neglected children and that permanent custody be given to the Division of Child Welfare, Department of Public Welfare of the State of Oklahoma, for the purpose of custody and adoption!’ (Emphasis added.)
Both the mother and father of these children appeared at that county court hearing and introduced i their evidence. After the court heard all of the evidence presented, the final order was entered, and in further part it' was recited therein as follows:
“The court further finds that the Division of Child Welfare of the Department of Public Welfare of the State of Oklahoma, is an association embracing in its objects the care of dependent and neglected children and further embraces in its object, and having authority under the laws of the State of Oklahoma, the placement of children such as James Albert and Frances Sue Tindell, for adoption or placing said children in an institution willing to receive them and the said Division of Child Welfare is willing to receive said children and find a proper and suitable home in which to place said children for adoption, or in an institution willing to receive said children, and that said parents, Jessie Tindell and Mandy Tindell, and all other persons should be judicially deprived of the care, custody, control, nurture and education of said children and that they be forever barred, restrained and enjoined from interfering in any manner in the care, control, cus *1030 tody, nurture and education of said children, and that they be deprived of any right, title or interest in, to and over the said James Albert and Frances Sue Tindell.
“The Court further finds that it is to the best interest of said children, that they be placed with some person, or association, should be given the complete care, custody, control, nurture and education of said children with the right to place said children for adoption and to give written consent for adoption, and in this connection the court finds that the Division of Child Welfare of the Department of Public Welfare of the State of Oklahoma, is a proper association or agency for this purpose.” (Emphasis added.)
The concluding paragraphs of that judgment are copied, in the majority opinion and they disclose clearly that the parents were permanently deprived of the custody of these children, and that such custody was judicially given to the Division of Child Welfare for future adoption, and with full power to consent to the adoption of these children into a suitable family home or homes.
Both the mother and father, being present, and ¡having participated in the trial, apparently consented and acquiesced in this final judgment as they did not question it or object to any part of it, or take any exception to it, or appeal therefrom.
In such an action or proceeding of course the prime matter to be considered is the interest of the children. It is unfortunate that cases arise wherein it is necessary for the County Attorney to start proceedings such as this, and necessary for the courts of the State to inquire into the situation of young children. But when such cases arise it is necessary and essential that public officials discharge their ’duty in the interest of such children, and in the interest of society. And when the evidence justifies it, and that is judicially determined, and established by fair and valid judicial decree, it is highly important and most necessary that diligent effort be made to find a suitable home for the nurturing and rearing of such children. When that is done the children are not deprived of parents, but they are furnished with parents and a home. When all this results from action or non-action of natural parents, and results apparently with the consent of natural parents, then an injustice might be done the children if these things were not accorded the finality given by law. I need not dwell on that further, as there is here no argument or contention that any wrong or injustice has been done to the children.
It is argued and contended that the county court judgment is void and should therefore be vacated. That argument and contention is fully answered and legally determined in the majority opinion. In that argument there is included the contention that this county court judgment at any time in the future, at will, could be vacated and that at any time in the future, at will, the adoption of the children into a proper home and family, however wholesome and beneficial to the children, could be disrupted and abolished. , That would leave the home life of these children in constant jeopardy of disturbance and confusion throughout their minority. It is not right that the lives of children should be so dealt with, and in Oklahoma they cannot be so dealt with on account of the law, which is binding on every one, and which gives finality to this proceeding and to these adoptions, to the end that the situation and status of these children should remain settled and secure.
If the law is held to be otherwise, as is here contended for, it would be more difficult to place such needy children in good homes. Prospective adoptive parents would be more reluctant to adopt a child and promote the steadfast fixing of the new relationship of parent and child with constant devotion and attachment on both sides if former parents could thereafter harass the new family and, at will, have the adoption declared ineffective.
DAVISON, J., concurs in these special views.