Chandler v. Cochran

Undercofler, Justice,

dissenting.

In Nelson v. Taylor, 244 Ga. 657 (261 SE2d 397) (1979), (Nichols, C. J., and Marshall, J., dissenting), we held that “adoption statutes *191should be strictly construed and meticulously followed so that beyond all peradventure the adoption will not later be subject to attack.” There, the adoption decree was set aside merely for lack of a written acknowledgment. Here, the majority holds that the failure to have the Department of Human Resources perform an investigation required by the adoption statute, Code Ann. § 74-409, is harmless error. The imprisoned father in this case is entitled to a full investigation for his protection and that of his children. I dissent.

I am authorized to state that Chief Justice Jordan and Presiding Justice Hill concur in this dissent.