Onsrud v. Lehman

McGHEE, Justice.

The lower court approved a petition to adopt two minor children without the consent of their natural father, and the question for determination is whether such consent is necessary where the mother has procured a divorce from such father on the ground of cruelty and she has been awarded the custody of such children, with the father being granted the right of visitation at reasonable times.

Section 25-207, N.M.S.A., 1941 Comp., reads:

“A legitimate child can not be adopted without the consent of its parents, if living together; and if legally separated, the consent of the parent…