Legal Opinion
In re the Adoption of Marks
New York Surrogate's Court
Decided April 23, 1936PublishedCited by 16 opinions
1Opinion of the Court
Slater, S.
The petitioners are seeking the adoption of one Morley Kamler Marks, a child of five years of age. The mother of the child is dead; the father is alive and has refused to consent to *349the adoption. The question arises as to whether, upon the facts and the law, it can be held that the father has abandoned the child. The welfare of the child is not an issue in this proceeding. To confer jurisdiction of the adoption, consent must be had or the fact of abandonment must exist. (Matter of Johnston, 76 Misc. 374, 376; Matter of Livingston, 151 App. Div. 1, 7.)
The father and mother had…
2Cases cited6 opinions
- Matter of BistanyNew York Court of Appeals · 1924
- In re LivingstonAppellate Division of the Supreme Court of the State of New York · 1912
- In re the Adoption of CohenNew York Surrogate's Court · 1935
- In re the Proceedings for the Adoption of JohnstonNew York Surrogate's Court · 1912
- In re the Probate of the Last Will & Testament of, & a Codicil Thereto of DeinNew York Surrogate's Court · 1929
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Adoption of Strauser Ex Rel. Lucas v. StrauserWyoming Supreme Court · 1948
- In re the Adoption of a Minor under the Age of Fourteen YearsNew York Surrogate's Court · 1942
- Finn v. ReesIdaho Supreme Court · 1943
- Caruso v. CarusoNew York Supreme Court · 1940
- In re the Adoption of PadenNew York Surrogate's Court · 1943
11 more not listed; retrieve them via the Exa API.