Wener v. Wener

The question posed by this appeal is whether a husband maybe required to support a child whom he has neither fathered nor adopted. It is a question of first impression upon the facts presented.

The parties were married in 1952 and lived together as man and wife until December, 1959. There is no issue of the marriage. In October, 1958 the defendant wife went to Florida and obtained a newly-born, female infant for purposes of adoption. She claims she acquired the infant with the knowledge and consent of the plaintiff husband and that they had previously agreed to adopt the child. The plaintiff…