When this case first appeared here, Adoption of Donald, 44 Mass. App. Ct. 857 (1998), we held that termination of parental rights, even when made pursuant to G. L. c. 119, § 26(4), and not under separate petition filed under G. L. c. 210, § 3, rendered moot a finding of the need for care and protection, and that the period for appeal is the sixty-day period provided by Mass.R.A.P. 4(a), and not the ten-day period established in G. L. c. 119, § 27.2 The case is now here for review of the substantive issues raised by the mother in her appeal. We affirm the decree of the District Court.
1. The mother contends that the issue of dispensing with the need for her *909consent to adoption was not properly before the court as a motion requesting dispensation had been filed, not by the Department of Social Services (department), as G. L. c. 210, § 3, directs, but by counsel for the children.3 The express language of G. L. c. 119, § 26(4), permits, and in some instances mandates, that the judge, upon a finding of the need of care and protection, consider and order the dispensation of the need for parental permission to adopt.4 Although a judge is required to follow the standards set forth in G. L. c. 210, § 3(c), in determining whether to abrogate parental consent, nothing in G. L. c. 119, § 26(4), requires that a separate petition or motion be filed before the judge may act.
At its inception, the mother was given notice that a possible result of the care and protection proceedings might be that the need for her permission to adopt would be foreclosed. The motion filed by the attorney for the children added nothing of substance to the proceedings and, in the circumstances, can be considered precatory in nature. The petition, the notice, and the statute *910provide all the procedural and substantive authority needed for an ultimate determination abrogating the need for parental consent to adoption.
Robert J. McCarthy, Jr., for the mother.
Steven L. Wollman for the children.
Katherine M. Potter for Department of Social Services.
2. The mother also claims that the trial judge improperly relied on hearsay evidence of sexual abuse in making her determination of the need of care and protection and for dispensing with the need for permission to adopt. The mother raises this issue for the first time on appeal, having stipulated at trial that all evidence, including the evidence now complained of, heard at the seventy-two hour hearing be admitted at trial. See White v. White, 40 Mass. App. Ct. 132, 133 (1996). Had the issue been properly raised and preserved at trial, the appeal would still fail because there is overwhelming other evidence supporting the judge’s ultimate findings and conclusions.5
The balance of the errors claimed by the mother are also without merit.
The decree dispensing with the need for parental consent to adoption is affirmed.