MILLER v. MILLER

No. 74-1955.

504 F.2d 1067 (1974)

Melvin MILLER, Appellant, v. Don MILLER, Individually and as Administrator of the Children's Services Division of the State of Oregon, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

October 15, 1974.


Attorney(s) appearing for the Case

Paul R. Meyer (argued), of Kobin & Meyer, Portland, Ore., for appellant.

W. Michael Gillette, Solicitor Gen. (argued), for appellees.

Before ELY and HUFSTEDLER, Circuit Judges, and TAYLOR, District Judge.


DECLARATORY JUDGMENT

PER CURIAM:

This appeal challenges the validity of an Oregon statute, ORS 109.326(1). In effect, the statute permits the adoption of a child born out of wedlock upon the consent of the natural mother, without notice to, or the consent of, the natural father.

It is undisputed that the appellant is the natural father of a child born out of wedlock in July 1972. Following the child's birth, both parents shared custody of the child...

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