Legal Opinion · Dissent

In re Adoption of Perkins

Supreme Court of Iowa

Decided September 18, 1951No. 47866Published

1DissentSmith, J.

(dissenting)- — It appears to me there are just three questions necessary to be considered: (1) Was the father’s consent required? (2) Is the case triable de novo on appeal? And (3) Is the judgment of the trial court supported by substantial evidence ?

I would answer (1) and (2) in the negative and would say “yes” to (3).

I. Section 600.3, Iowa Code 1950 and I. C. A., provides: “The consent of both parents shall be given to such adoption * * * unless [they] are not married to each other * # *. If not married to each other, the parent having the care and providing for the wants of the child may…

2Cases cited15 opinions

  1. In Matter of BadgerSupreme Court of Missouri · 1920
  2. Jensen v. SorensonSupreme Court of Iowa · 1930
  3. Mollring v. MollringSupreme Court of Iowa · 1918
  4. In Re Adoption of AlleySupreme Court of Iowa · 1944
  5. Barnett v. BlakleySupreme Court of Iowa · 1926

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