Baker v. Compton Et Al‪.‬

Appellees, who are husband and wife, initiated this proceeding by filing in the court below a petition for the adoption of Christina Lynn Baker, a minor child born out of wedlock to appellant. Attached to the petition was consent to said adoption signed by appellant in the presence of a notary public who acknowledged the same. The issue upon this appeal involves a construction of Burns' § 3-120 (1946 Repl.).[Footnote 1] The question was presented in the lower court by appellant's petition to set aside her consent to the adoption and to obtain custody of her minor child alleging appellant's consent was invalid because it was executed and acknowledged before a notary public rather than in the presence of a duly authorized agent of the state department of public welfare or approved adoption investigation agency.