Legal Opinion

SIMONS ET UX v. Smith

Oregon Supreme Court

Decided December 13, 1961PublishedCited by 51 opinions

1Opinion of the CourtGoodwin, J.

Gerald L. Smith, the father of two girls, appeals from a decree which granted, over his timely objection, a petition by his former wife and her present husband to adopt the Smith children.

As a general proposition, the law protects the natural rights of parents. Pierce v. Society of Sisters, 268 US 510, 534-35, 45 S Ct 571, 69 L Ed 1070, 39 ALR 468 (1924) (dictum). In the ordinary case, adoption statutes require the consent of both natural parents. ORS 109.312. Only where the parent is under some disability or is at fault in a matter related to the parent-child relationship is his consent…

2Cases cited18 opinions

  1. Pierce v. Society of SistersSupreme Court of the United States · 1925
  2. Williams v. North CarolinaSupreme Court of the United States · 1945
  3. Williams v. North CarolinaSupreme Court of the United States · 1943
  4. Stalder v. StoneIllinois Supreme Court · 1952
  5. Goldson v. GoldsonOregon Supreme Court · 1951

13 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. State Ex Rel. State Office for Services to Children & Families v. StillmanOregon Supreme Court · 2001
  2. Zockert v. FanningOregon Supreme Court · 1990
  3. State v. BlumCourt of Appeals of Oregon · 1970
  4. In RE ADOPTION OF BRYANT v. KurtzIndiana Court of Appeals · 1963
  5. In re R.H.N.Supreme Court of Colorado · 1985

46 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API