Westphal v. State Department of Public Welfare

We hold that the county court erred in waiving the consent of the guardian and that therefore the order for adoption, made without the guardian’s consent, must be reversed.

Sec. 48.84 (1), Stats., provides:

“No adoption oí a minor may be ordered without the written consent of the following to the adoption of the minor by the petitioner: . . .

“(c) The guardian of the minor, if there is one; . . .”

The State Department of Public Welfare was the duly appointed and acting guardian of Patti Lea Shields. It refused to consent to her adoption by the petitioners.

Sec. 48.85, Stats., provides that where…