Legal Opinion

Brazell v. Anderson

Court of Appeals of Georgia

Decided January 20, 1966No. 41664PublishedCited by 5 opinions

1Opinion of the Court

Eberhardt, Judge.

1. Where the natural mother of a child has not given her written consent to its adoption and she has not abandoned her rights to it, the superior court is without power to grant an order of adoption to third parties. Code § 74-403. This is true although the natural father may have given his written consent to the adoption.

2. The mere leaving of a child in custody of another for a length of time (here, approximately nine years) does not constitute abandonment. Johnson v. Strickland, 88 Ga. App. 281 (76 SE2d 533); Holbrook v. Rodgers, 105 Ga. App. 219 (124 SE2d 443). Failure to…

2Cases cited3 opinions

  1. Johnson v. StricklandCourt of Appeals of Georgia · 1953
  2. Holbrook v. RodgersCourt of Appeals of Georgia · 1962
  3. Blue Ridge Park Nurseries v. OwenCourt of Appeals of Georgia · 1930

3Cited by5 opinions

  1. Wheeler v. LittleCourt of Appeals of Georgia · 1966
  2. Carey v. PhillipsCourt of Appeals of Georgia · 1976
  3. Cain v. HackleyCourt of Appeals of Georgia · 1971
  4. Barrett v. AsbellCourt of Appeals of Georgia · 1970
  5. Owens v. DeLoachCourt of Appeals of Georgia · 1975

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