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 The first essential of a contract for adoption is that it be made between persons competent to contract for the disposition of the child. Winder v. Winder, 218 Ga. 409 (128 S.E.2d 56) (1962); Rucker v. Moore, 186 Ga. 747, 748 (199 SE 106) (1938). A successful plaintiff must also prove: 'Some showing of an agreement between the natural and adoptive parents, performance by the natural parents of the child in giving up custody, performance by the child by living in the home of the adoptive parents, partial performance by the foster parents in taking the child into the home and treating [it] as their child, and . . . the intestacy of the foster parent.' Williams v. Murray, 239 Ga. 276 (236 S.E.2d 624) (1977), quoting Habecker v. Young, 474 F2d 1229, 1230 (5th Cir. 1973). 


See Williams, 239 Ga. 276 (mother alone may contract for adoption where the father has lost parental control or abandoned the child); O.C.G.A. § 19-7-25, Code 1933, § 74-203 (only mother of child born out of wedlock may exercise parental power over the child unless legitimized by the father); see also O.C.G.A. § 19-8-10 (parent not ...

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