Nelson v. Taylor

Undercofler, Presiding Justice.

Roosevelt and Ruth Taylor filed a petition to adopt the illegitimate child of their son, Albert. The trial court granted the petition for adoption over the objection of the child’s mother, and upheld the adoption statutes against her constitutional attack. The mother appeals. We reverse.

1. Code Ann. § 74-403 (a) provides that "... no adoption of a child with living parent(s) or guardian(s) of his person shall be permitted except where ... (2) the parent(s) or the guardian(s) of the child has voluntarily and in writing surrendered all of his rights to the child…