Young v. Prather

This is an appeal by the natural mother from a decree of adoption of her five-year-old daughter, Belinda, by the mother’s sister and her husband. While other errors are assigned, we deem it necessary to discuss only the question of whether or not the evidence in the record is sufficient to support the decree. We think not.

Belinda was born of her mother’s prior marriage, and her father consented to the adoption. Her mother opposed and contested the adoption. Under these circumstances it is clear from the statute and the decisions that the evidence must show by its preponderance that the…