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IN RE ADOPTION OF SHIELDS

4 Wis.2d 219 (1958)

IN RE ADOPTION OF SHIELDS: WESTPHAL and wife, Respondents, vs. STATE DEPARTMENT OF PUBLIC WELFARE, Appellant.

Supreme Court of Wisconsin.

May 6, 1958.

Attorney(s) appearing for the Case

For the appellant there were briefs by the Attorney General and William A. Platz, assistant attorney general, and oral argument by Mr. Platz.

For the respondents there was a brief and oral argument by John A. Moore of Oshkosh.

A brief was filed by John M. Spindler and Clark, Rankin, Nash, Emmerling & Spindler, all of Manitowoc, as amici curiae.

WINGERT, J.

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 of 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...

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