Court of Appeals of Georgia July 13, 1979, 57991 (Roberts v. Muscogee County Department of Family & Children Services)

Banke, Judge.

This appeal from an order dismissing appellants’ petition for adoption was originally filed in the Supreme Court because of a constitutional challenge to a statute. The case was transferred to this court by the Supreme Court.

James Roberts and his wife, residents of North Carolina, filed a petition in the superior court for the adoption of James Roberts’ 10-year-old niece.