Erwin v. Luna

On July 12, 1976 appellant, Boyce Garrett Erwin, and appellee Janet Luna, in a case not the subject of either appeal herein, were divorced by the Circuit Court of Jefferson County, Alabama. Thereafter, the parties lived together without the benefit of formal marriage, separating at some time prior to the birth of their daughter.

After the separation and before the birth of the child, the parties entered into a written agreement for the support of the child. This agreement also provided for the adoption of the child by persons not parties to such agreement. The agreement was ratified by the…