In the Interest of A Female Minor Child

DISSENTING OPINION OP

ABE, J.

The majority of the court holds that upon the marriage of the natural parents a child born out of wedlock becomes legitimate and is entitled to the same rights as those born in wedlock under the provisions of HRS § 338-21; however, the consent of the father is not required where the mother had previous to the marriage given her consent to the child’s adoption. I disagree.

HRS § 338-21 reads:

“Legitimation, (a) All children horn out of wed-loch, irrespective of the marriage of either parent to another, become legitimate on the marriage of the parents with each other…