Owens v. DeLoach

Deen, Presiding Judge.

'Where the authority of the court to proceed with [an] adoption is dependent on the existence of consent by the living parent or parents or on a showing of the abandonment of the child by such parent or parents, the evidence of consent or of abandonment must be legally sufficient to authorize a finding of fact by the court that the consent has been given or that the parent has abandoned the child.” Johnson v. Strickland, 88 Ga. App. 281, 284 (76 SE2d 533), and see Code Ann. § 74-403 (1), (2). In Johnson the children’s mother had been dead for some nine years during which…