In re Adoption of Mullins

We heretofore granted the petition for certiorari in this case because of the legal questions involved which will hereinafter be set forth. The case has been ably briefed, and we now have the matter for determination.

The original petition herein was filed for the purpose of adopting the two minor children. The Department of Public Welfare was made a party as provided by law, under orders of the court, and the matter having been determined below contrary to the position of the Department of Public Welfare by the trial court and the Court of Appeals, the Department filed this petition which was…