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STATE EX REL. LEWIS v. LUTHERAN SOCIAL SERVICES

No. State 12. 1970.

47 Wis.2d 420 (1970)

178 N.W.2d 56

STATE EX REL. LEWIS and another, Petitioners, v. LUTHERAN SOCIAL SERVICES OF WISCONSIN and UPPER MICHIGAN, Respondent.

Supreme Court of Wisconsin.

Decided July 1, 1970.

Attorney(s) appearing for the Case

For the petitioner Jerry D. Rothstein there was a brief and oral argument by William G. Rice of Madison.

For the petitioner John Thomas Lewis there was a brief and oral argument by Bruce C. O'Neill of Milwaukee, guardian ad litem.

For the respondent there was a brief by Hamilton & Mueller of Dodgeville, and by Ralph von Briesen of Milwaukee, and oral argument by Frank D. Hamilton.

A brief amicus curiae was filed by Robert W. Warren, attorney general, and Donald P. Johns, assistant attorney general, for the state of Wisconsin.

A brief amicus curiae was filed by Charne, Glassner, Tehan, Clancy & Taitelman of Milwaukee, for the Children's Service Society of Wisconsin.

No. State 12. 1970. Advanced to August Term, 1969.

HANLEY, J.

The answer to the first question presented has its roots in English common law which, in its earliest form, held that illegitimate children were nullius filius—the children of no one. They thus came within the doctrine of filius populi, which provided that their custody was in the hands of the parish.

All jurisdictions now recognize that the mother, if a suitable person...

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