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VENABLES v. AYRES

No. 1382, September Term, 1982.

54 Md. App. 520 (1983)

459 A.2d 601

JOSEPH EUGENE VENABLES, ALSO KNOWN AS JOSEPH VENABLES AYRES v. JOHN J.B. AYRES.

Court of Special Appeals of Maryland.

Decided May 4, 1983.

Attorney(s) appearing for the Case

Walter D. Webster, with whom were Webster, Walsh & Spery on the brief, for appellant.

Fulton P. Jeffers, with whom were Hearne & Bailey, P.A. on the brief, for appellee.

The cause was argued before LOWE, WILNER and ALPERT, JJ.

WILNER, J., delivered the opinion of the Court.

This is an extraordinary case that is complicated by an unusual statute. It presents to us two questions:

(1) Can a dead person become an adoptive parent; i.e., is a decree of adoption valid if entered after the adoptive parent has died; and (2) If such a decree is invalid, has the Legislature nevertheless insulated it against collateral attack after the expiration of one year?

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