Love v. Vogt

(concurring specially) .

I concur in the court’s opinion. It applies the consent requirements of our adoption statute in a manner consistent with the court’s prior interpretations of the statute, and I believe those interpretations are correct.

However, I regret the anomalous, inequitable and unwise double standard created by the statute. Under Code § 600.3 a noncustodial parent who provides materially for a child is given an absolute right to veto an adoption by a stepparent without regard to the best interest of the child. In all other stepparent adoption cases the noncustodial parent lacks…