Keheley v. Koonce

The court did not err in overruling the motion to dismiss the petition. The petition was brought on the theory that the child was illegitimate. Under the act of 1941 (Ga. L. 1941, p. 301; Code, Ann. Supp., § 74-405), the consent of the mother alone in such a case will suffice. Whether or not the mother’s consent was valid or was withdrawn were defensive matters to be considered on the objections to the adoption, and were not shown by the allegations of the petition itself.

According to section 3 of the revised adoption law of 1941 (Ga. L. 1941, p. 301; Code, Ann. Supp., §§ 74-403 through…