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NELSON v. BYE

No. 39519.

135 N.W.2d 700 (1965)

Petition of Eugene M. NELSON and Jean Louise Nelson, for adoption of Arthur William Bye and John Leslie Bye, Respondents, v. Arthur William BYE, the natural father of Arthur William Bye and John Leslie Bye, Appellant.

Supreme Court of Minnesota.

May 14, 1965.

Attorney(s) appearing for the Case

William E. Kalar, Minneapolis, for appellant.

Robert R. Pflueger, Ortonville, for respondents.

MURPHY, Justice.

This is an appeal from a judgment and decree for adoption of appellant's minor children by his divorced wife and her present husband. Minn.St. 259.24, subd. 1(b), provides that no child shall be adopted without the consent of his parents, except where a parent has abandoned the child or has lost custody through a divorce decree. This case raises the issue as to whether the consent of the father is necessary under circumstances where by an amended...

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