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EX PARTE SMITH

89-1328.

567 So.2d 335 (1990)

Ex parte Ray SMITH and Barbara Ann Smith. (Re STATE DEPARTMENT OF HUMAN RESOURCES v. Ray SMITH and Barbara Ann Smith).

Supreme Court of Alabama.

August 31, 1990.

Attorney(s) appearing for the Case

H. Dean Buttram, Jr., Robert D. McWhorter, Jr. and William M. Hawkins, Centre, for petitioners.

Coleman Campbell, Asst. Atty. Gen., for respondent.

Gary E. Davis, Centre, Guardian Ad Litem.

Prior report: Ala.Civ.App., 567 So.2d 333.

HOUSTON, Justice.

Although we are denying this writ, we must emphasize that, as in all adoption proceedings, the primary consideration of the State Department of Human Resources in withholding its consent for adoption must be what is in "the best interest of the child."

WRIT DENIED.

HORNSBY, C.J., and JONES, SHORES and KENNEDY...

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