Seibert v. Seibert
Supreme Court of Iowa
Appeal from, Polk District Court. — Hon. Wm. H. McHenry, Judge. This is a habeas corpus proceeding to test the validity of certain articles of adoption. The appellee, Edna Seibert, is the mother of Kenneth C. Seibert, Jr. Her husband, executed articles of adoption of the child to his sister, the defendant. Later, a divorce proceeding was instituted, and at the time of the trial of this case, the divorce proceeding had not been determined.
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Appeal from, Polk District Court. — Hon. Wm. H. McHenry, Judge. This is a habeas corpus proceeding to test the validity of certain articles of adoption. The appellee, Edna Seibert, is the mother of Kenneth C. Seibert, Jr. Her husband, executed articles of adoption of the child to his sister, the defendant. Later, a divorce proceeding was instituted, and at the time of the trial of this case, the divorce proceeding had not been determined. The plaintiff alleged in her application for the writ that the child, four and one-half years of age, was restrained of his liberty by the defendant, the…
1Opinion of the CourtPreston, J.
1. Adoption : execution by one parent only: “separation” : construction of statute. The question presented is the construction of See. 3251 in regard to adoption of children, which provides, substantially, that the consent of both parents must be given if they are living and not divorced or separated, and if they are divorced, separated or unmarried, the consent of the parent lawfully having the care and providing for the wants of the child.
*5642. Adoption : separation of parties: cause of separation: materiality. *563The only question in the case is whether, under the evidence, the parents were…
2Cited by8 opinions
- In Re Adoption of AlleySupreme Court of Iowa · 1944
- Rubendall v. BisterfeltSupreme Court of Iowa · 1940
- In Re Adoption of KarnsSupreme Court of Iowa · 1945
- In Re Adoption of EllisSupreme Court of Iowa · 1967
- Shaw v. ScottSupreme Court of Iowa · 1934
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