Supreme Court Denies a Return Of ‘Baby Lenore’ to Her Mother

WASHINGTON, Nov. 13 (AP) —The Supreme Court today denied a hearing to the natural mother of a child whose adoptive parents moved to Florida rather than accept the loss of the child as ordered by courts in New York.

Olga Scarpetta, 32 years old, went to New York from Colombia, South America, to give birth to her out‐of‐wedlock child, Lenore.

Miss Scarpetta originally decided to give the child up for adoption, though she comes from a wealthy family and is well educated.

The child, widely known as “Baby Lenore,” was placed in June, 1971, with Nick and Jean De Martino, a New York lawyer, and his wife, who adopted the child through a public agency.

But Miss Scarpetta changed her mind and, in a successful fight‐through the New York courts, won an order returning the child to its natural mother.

The De Martinos immediately moved to Miami, Fla., where the court fights began anew.

The New York courts had ruled that the prompt change of mind by Miss Scarpetta encouraged them to follow the general rule that a child is better off with its natural mother, especially if she is capable of rearing the baby,

But the Florida Third Circuit Appeals Court, noting that the child was now more than two years old, said more damage would be done if Lenore were returned to her natural mother.

Miss Scarpetta then asked the United Slates Supreme Court to overturn Florida courts’ rulings because of the directly contradictory rulings of courts in the two states.

She was turned down in routine order that made no comment on the issues. Justice William O. Douglas dissented.

In Miami today, Mr. De Martino said he now planned to complete the ‘legal adoption procedure in Florida. He and his wife have another daughter, Linda, 6, who also is adopted.

“Little Lenore comes in like clockwork at 5 every morning and taps mommy and daddy on the head, clutdhing. a pillow, and says, ‘I'm here Mrs. De Martino said at a news conference. “I'm going to add tomorrow morning, ‘For good.'”

Joseph. Zalk, Olga Scarpetta's lawyer, said this evening that in the'light of the refusal by the highest court in the land to hear the case “there isn't very much we can do. That's it.”