¶1while concurring in the wisdom, of a law which should permit a wife to join her husband in the adoption of a child, does not think that, under existing statutes, she has that power. It is conceded in the opinion that the right to adopt exists only by the statute; and, this being so, the right can not, by reason of the general words employed, be regarded as extending to any person under general legal disability. If it extends to a feme covert, there is no reason in the statute or in principle for denying it to an infant or insane person; and if, by force of the statute, a wife has power to join her husband in adopting, she may adopt without his concurrence or consent.
87 Ind. 590
Krug v. Dayis
Decided November 15, 1882
Indiana Supreme Court · decided 1882-11-15
<p>Adoption op Heirs. — Husband, and Wife. — Statute Construed. — Descents.— The statute, K. S. 1881, sections 823-828, authorizes a husband .and wife to join in proceedings to adopt a child, and a child so adopted acquires all the rights which would belong to their joint offspring; but upon the death of the child his estate goes to those of his own blood.</p> <p>Same. — Illegitimate Child. — Where, under the statute, a husband and wife adopt an illegitimate child, and the wife dies- intestate, owning realty, such child inherits from her the same as a natural child ; and when, after the death of the wife intestate, owning realty, such adopted child dies intestate, the natural mother of such child inherits its share of the real estate acquired by the adoption.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1882-11-15
How this case has been cited
Cited by 22 later decisions — most recently October 1925
22 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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