In Re Adoption of Devore

This case comes to the Court of Appeals on three assignments of error. These assignments for all practical purposes can be reduced to a single question. Was the consent of the father necessary to the adoption under the law and the facts ?

The law is set forth in Section 3107.06, Revised Code, which reads as follows:

“No final decree or interlocutory order of adoption shall be entered by the Probate Court unless there is filed with the court written consents to the adoption * * #:

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“(B) By each of the living parents, adult or minor, except as follows:

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“(4) If it is alleged in the…