In Re Adoption of Alley

Garfield, J.—

The question presented is whether the consent of a divorced father of minor children is required by section 10501.3, Code, 1939, before they can he adopted, where the mother, having their care and providing for their wants, gives her consent.

On June 11, 1942, petitioner married the mother of the six minor children whose adoption is sought. Since that date the children, issue of the wife’s prior marriage with defendant, have lived with their mother and petitioner. Prior to her marriage with petitioner, the mother had procured a divorce from defendant. The decree awarded her “the…