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U. S. DEPARTMENT OF LABOR
JAMES J. DAVIS. Secretary

CHILDREN’S BUREAU
GRACE ABBOTT. Chief

ADOPTION LAWS
IN THE UNITED STATES
A SUMMARY OF THE DEVELOPMENT OF ADOPTION
LEGISLATION AND SIGNIFICANT FEATURES
OF ADOPTION STATUTES, WITH THE
TEXT OF SELECTED LAWS

EMELYN FOSTER PECK
x ..

Jj’Tl

rp 7 ^

College of texab i t t p a ^1
Bureau Publication No. 148 '

WASHINGTON
GOVERNMENT PRINTING OFFICE
1925

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Stogie copies of this publication may be obtained free
upon application to the Children’s Bureau. Addi
tional copies m ay be procured from the Superin
tendent of D ocuments, Government Printing Office,
Washington, D . C.
at
10 cents per copy.

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u. *5
*

CONTENTS

Letter of transmittal_______________________
~""v
Development of adoption legislation in the United States____________
1
Adoption by deed___________________________ \________________
2
Indenture, apprenticeship, binding out_________________________
2
Relation of adoption to the law of parent and child______________
3
Limitations of transfer of parental control_________ ________________
4
Jurisdiction over adoption proceedings_____________________________
6
Territorial jurisdiction____ ________
6
Courts having jurisdiction___ _______________________ _______________ 6
Juvenile and domestic-relations courts_____________________
7
7
Courts acting in separate sessions as juvenile courts_________
Courts having no juvenile jurisdiction___________________ _
8
8
Concurrent jurisdiction by two or more courts______________
Jurisdiction as to residence of the parties in interest________ _____
8
Adoption procedure________ L____________________________________
8
The parties to adoption . _____________________________________
9
The adopting parent______________________
9
9
The child to be adopted_________________________________
The natural parents___________________________________
10
The petition__________________________________
11
Notice___________________________________________________
11
Consent of parents__________________________________________
12
12
Parents mentally incompetent__________ It l ______________
Parents deprived of custody or civil righ ts_________________
13
Parents who have desertedor abandoned ____________________
13
Parents found unfit_____ ________________ ___________ ___
14
Consent of person or institutionin loco parentis_______________
15
Next friend_____________________
15
Public official__________________ ______
15
Institutions or agencies (after court commitment)____ _______
15
Investigation by designated agency____________________ _________
17
Hearing and decree_______
18
Trial period in prospective adoptive home___________
20
Appeal_______________ ______ j______ ____________________________
20
20
Inheritance of property __________ _______________ ________________
Annulment_____________________________________________________
22
22
State supervision of adoption___________
Conclusions____________________________________________________
25
Appendix I.—Sections from recent adoption and related laws of selected
27
S ta tes_______________________________________________________
Minnesota__________________________________________________
27
North D akota______________________________________________
28
Virginia------------------------------------------------------------ %____ _______
30
Ohio______________________ ________!_________ _______________
32
New Mexico____ ________
35
Oregon. __1-------------------35
Massachusetts____________
38
New York__________________________________________________
40
Illinois___________
44
Michigan___________________________________________________
44
Wisconsin______________
46
Tennessee__________________________________________________
46
Vermont___________________________________________________
47
New Jersey_________________________________________________
47
Missouri__________________________________ ______ l _______ _
47
Maryland— ---------------------------------------------47
North Carolina__________-___________________________________
48
South Carolina-.,______________________________________ ______
48
■Appendix II.—-Outline for study of adoption laws and administration__
49
hi

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LETTER OF TRANSMITTAL

U. S.

D epartm ent of L abor,
C h i l d r e n ’s B u r e a u ,

Washington, June 1, 1925.
There is transmitted herewith a report on adoption laws in
tb e United States, prepared by Emelyn Foster Peck under the super
vision of the director of the social-service division of the Children’s
Bureau.
Miss Peck received many helpful suggestions from Prof. S. P.
Breckinridge, of the University of Chicago, and the bureau is further
indebted to Professor Breckinridge for help in connection with the
final editing of the report.
Respectfully submitted.
Sir :

Grace A bbott,

Hon.

Chief.

J a m es J. D a v is ,

Secretary of Labor.
v

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ADOPTION LAWS IN THE UNITED STATES
DEVELOPMENT OF ADOPTION LEGISLATION
IN THE UNITED STATES

• Adoption is a means of creating the legal relation of parent and
child between a child deprived of the care and protection of his own
parents and the person wishing to take the child into his own home.
It involves the severance of relationships existing between blood kin
dred and the voluntary assumption of parental obligation through a
legal process. The common law knew no such transfer,1 but the
Roman and the Civil law developed such a procedure.2 This has been
embodied in the legislation of every State in the Union (including
the Territories under the jurisdiction of the United States), in the
form of a judicial determination or in the form of transfer by deed.
These statutes vary greatly among the States as well as between those
of early date and those of more recent enactment.
This study is concerned primarily with the personal relationships
involved in adoption. Its purpose is to bring together the main
features of the various State adoption acts, as well as of certain
other statutory provisions which also affect the common-law rights
and duties of parents in respect to their children, and to note the
trend of this legislation in the light of modern developments in child
care and protection.3 These statutes, whether of the older or of the
more modern form, contain provisions dealing with certain essential
features of the transaction, namely, jurisdiction, the procedure, the
legal consequences, and provision for rehearing. Only the more
recent statutes contain further provisions for certain attempted
safeguards of the child’s well-being. A great body of litigation
under these statutes is concerned with the rights of property conse
quent upon adoption (see Inheritance of property, p. 20) ; but the
human aspects of the question are at present of especial concern to
those interested in child welfare.
adoption was unknown to the law of England, a process popularly bearing this name devel
oped there. C h a n ta g e organizations built up child-placing systems for the purpose of providing for
homeless children, and this placing of children is called adoption. Reports by a committee appointed
by the Secretary of State for the Home Department in 1920 recommend the passage of acts of Parliament
covering adoption proper (adoption regulated by law and requiring court sanction) and of acts c o v S
A
famwy h01Slei5 pr?vl0uf
and independent of adoption. See Reports of the Committee on
Adoption, Home Department, Great Britain (Cmd. 1254, 1921; Cmd. 2401, 1925, London, England
' J ^ e Principal m otive for adoption m the Civil law was heirship. T he Roman adopter had to be withnmLrtaf ° ® ? P ectai*on of natural heirs, and older than the person to be adopted just as a father is
J*16 Person adopted assumed the family name of his new parent in addition to his
;a ? ^ A l ri? htSw ^ c e s s io n to this parent, and retained such rights in his own family. See Roman
15 ^ e <^0<T&rn ^ orld- hy Charles Phmeas Sherman, 2d edition, Vol. II, secs. 496-503 (N ew Haven
M,as5i’ R*22). T he Roman law, as crystallized under Justinian, was largely
drawn upon by the French in the Code Napoleon, and the law of Spain came under this influence. Hence
Louisiana (whose common law was the law of France) and Texas and California (whose common law
was the law of Spam) were m early days familiar with adoption. See A Brief on the Adoption and Legit
imation of Children, by Joseph A. Joyce, p. 1 (Oakland Tribune Publishing Co., Oakland, Calif., 1890)
Mass
V' Commag®re>13 Ra- Ann. 516; Eckford v. Knox, 67 Tex. 200, 204; Ross v. Ross (1880), 129
* In general the analysis covers legislation through M ay, 1925.

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ADOPTION BY DEED

Provision for adoption by a deed certified and filed as in a trans
fer of property or as in the making of a valid will was not uncommon
in the Southern States and is still found, sometimes with another
later form, in the laws of Louisiana, Texas, Iowa, and Pennsylvania.4
The older law of Pennsylvania provided for adoption by duly exe
cuted and recorded deed, the person adopting being required only
to be of age;but as the word “ child” was used (instead of “ minor”)
the scope of the law is not entirely certain.5 In Alabama the person
adopting acknowledges before the probate judge a written declara
tion signed by two witnesses.6 A Georgia law makes provision for
any one desiring to adopt a child “ so as to render it capable of
inheriting his estate.” 7 Certain rulings on appeal would seem to
show that “ adoption by deed ” may hold good for the inheritance of
property but, without consent of parents, may not otherwise stand
as an adoption.8
INDENTURE, APPRENTICESHIP, BINDING OUT

The English common law of master and servant, together with
statutory provisions regarding apprenticeship, indenture, and binding
out, were early incorporated into American statutory law. Since
they had much to do with disposing of poor children in England and
in Colonial America, they exerted an influence on adoption legislation
in the United States.
The English indenture system flourished in the days when some
sort of apprenticeship was a prerequisite to employment. The law
laid upon the guardians of the poor the duty of having all poor
children indentured or apprenticed. “ The poor and laborious part of
the community, when past the age of nurture, are taken out of the
hands of theirparents by the statutes for apprenticing poor children.” 9
The public official could so bind the child until his majority without
the consent of the parent, or over his objection. The system became
less prevalent with the change in the character of the industrial
world. In America, however, indenture lingered as a method of pro
viding for poor children. Several old acts, still unrepealed, permit
or “ require^’ poor-law officers, county judges, or mayors of cities to
bind out until their majority destitute minors liable to become
public charges. Yet the poor laws usually enjoined the support of
the child by the parent, and of the indigent parent by tne child
when the child was of sufficient age and capacity.
Originally in some of the States it would appear that a child taken
into a family to become heir-at-law was adopted; a minor taken in
for his services was “ bound,” or “ indentured.” 10 A few of the
4Louisiana, Wolff’s Constitution and Statutes of Louisiana, 1920, p 1186; T exas, Vernon's Complete
Texas Statutes, 1920, art. 1, p. 1; Iowa, Annotated Code 1924, eh. 7, sec. 10499; Pennsylvania, Statute
Law 1920, sec. 57, p. 6.
6Pennsylvania, act of Apr. 2,1872, Laws of 1872, N o. 31. T his law was repealed in 1925 (see Laws of 1925,
act 93, approved Apr. 4,1925).
6 Alabama, Code 1923, ch. 326, sec. 9302, pp. 410-411.
7Georgia, Park’s Annotated Code 1914, sec. 3016, p. 1485.
8In re Cozza (1912), 163 Calif. 514; 126 Pac. 161. T his case is concerned with necessity for parental
consent.
«Blackstone, Sir William: Commentaries, Book I, Ch. X IV .
70Delaware, Rev. Stat. 1915, secs. 3063-3066, pp. 1432-1433; and (the Masters, Apprentices, and Serv
ants Law) secs. 3101-3122, pp. 1447-1453, which were repealed by act of Mar. 28,1921, ch. 185, Laws of
1921, p. 605.

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ADOPTION LAWS IN THE UNITED STATES

earlier adoption acts provide that the judge shall decide upon the
fitness of the proposed new home “ having reference to the degree
and condition of the (child’s) parents,” 11 thus intimating that children
of certain parentage were not suitable for adoption. Many acts
relating to destitute children provide for “ indenture or adoption-.” 12
In the latter part of the last century, when the movement to take
children out of almshouses was in full swing, a tendency away from
the harsh indenture laws was also evident. Objection is often raised
to child placing, even when it has been carefully guarded by original
investigation and subsequent oversight, because of the popular prej
udice aroused long ago by the “ little slaveys” of the old indenture
system.
RELATION OF ADOPTION TO THE LAW OF PARENT AND CHILD

The establishment of the legal relation of parent and child between
the child and adopting parents is the purpose of the process of adop
tion, as has been stated. There are certain results of this relation.
One is the right to bear the name of the adopting parent. Another
is the right of the adopting parent to the custody of the child and to
the enjoyment of his services and earnings. A third is the corre
sponding right of the child to support and care. Lastly appear the
reciprocal rights of inheritance.
Invasion of parental rights, sacred as they have been held, was no
uncommon thing in the English legal tradition. The compulsory
indenture of children of laborers and of the poor has been noted.
Another public right in derogation of parental power and for the good
of the child and of the State was the king’s duty of guarding the inter
ests of infants and dependents. The State through chancery came to
represent this power and duty, and a parent had no vested rights in
the child that the State, as parens patriæ, might not interfere with.13
This same principle has appeared in the rulings of American higher
courts. The Massachusetts Supreme Court in 1907 affirmed14 that
parents “ have no inherent right of property in their minor child, of
which they can in no way be deprived without their consent. They
are the natural guardians of their child entitled to its custody
* * * this right is not an absolute and uncontrolled one. It will
not be enforced to the detriment or destruction of the happiness and
well-being of the child.”
The development of child-welfare measures during the last hun
dred years, with the attention given to compulsory education, to
regulation of child labor, and to child-health measures, expresses
the intent of the State to act for the welfare of the child. The recog
nition of the essential unity of family life is fundamentally sound
and can safely be given increasing attention in plans for the care of
children who require the special protection of society as the provision
for the enforcement of parental duties becomes more nearly adequate.
Parental consent lies at the foundation of the original idea of adoption.
The child’s parent entered into a contract with the person wishing to
adopt. Parental consent in the case of apparently homeless children
%
11As in Maine, R ev Stat. 1916, ch. 72, sec. 37 p. 1094: Washington, Remington’s Comp. Stat. 1922, sec.
1698, pp, 895-896; Hawaii, act of Apr. 6,1915, act 47, sec. 2, Laws of 1915, p. 50.
12As in Michigan, (for text of law see Appendix I, p. 44) and Montana, ReV. Codes 1921, sec. 10471.
p. 645.
'
'
13 Van Matre o. Sankey (1893), 148 111. 536; 36 N .E . 628.
14 Purinton v. Jamrock (1907), 195 Mass. 187; 80 N .E . 802.

40185°—25-----3

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ADOPTION LAWS IN THE UNITED STATES

is perhaps the most perplexing point in the matter of adoption, and
its treatment in the statutory provisions exhibits great variation. A
tendency has been noted toward the use, not of minutely drawn
statutory provisions, but of a broad grant of power to an adminis
trative board equipped with workers trained in the investigation
of problems of neglected and destitute children. Judicial action is
guided by the recommendation of such State boards. The advisa
bility of severance of the relations between the child and its parents
and the suitability of the proposed foster home both receive consid
eration. Attention is also directed toward the preservation of family
ties whenever this would promote the child’s welfare,15 and laws
dealing with desertion and nonsupport have emphasized the duty of
parents to care for their own children whenever possible.
These tendencies are in contrast with earlier policies which have
seemed to encourage poor parents to give up their children. The in
fluence of the indenture or binding-out laws was undesirable, and
institutions have received children from their parents without suffi
cient consideration of other possibilities and without the sanction of
a court or other public body. Abuses were inevitable, especially in
connection with foundling asylums and lying-in homes, where in some
localities it was easy to dispose of a child. People of varying degrees
of fitness were anxious to adopt infants if the parents could be quickly
lost to sight; and death rates were high among young babies separated
from their mothers and cared for in institutions. Illegitimate chil
dren were especially likely to suffer hardship, and legislation in their
behalf, making more adequate provision for paternal support and
maternal care, is comparatively recent.18
Although parental consent is essential the adoption acts of the va
rious States show a gradual development from a transaction of a con
tractual character toward a procedure in which human values are
carefully considered and the supervisory duty of the State is recog
nized. All stages in this development are illustrated in statutes in
force at the present time. Some have scarcely been touched for half
a century. Others, notably those of Minnesota, North Dakota, Ohio,
Oregon, and Virginia, are the expression of modern practical thought.
LIMITATIONS ON TRANSFER OF PARENTAL CONTROL
Of especial interest in connection with adoption are recent sections
of law covering the whole subject of the transfer of parental responsi
bility through organizations, through individuals, or by the parents
themselves.
Minnesota provides that no person other than parents or relatives
may assume permanent care and custody of any child under 14 years
of age except by authorization of a court. No parent may transfer
parental rights and duties. This is a prerogative of the court in pro
ceedings for adoption.17
16
See Laws Relating to M others’ Pensions in the United States, by Laura A. Thompson (U . S. Chil
dren’s Bureau Publication N o. 63, Washington, 1919) and A Tabular Summary of State Laws Relating to
Public Aid to Children in Their Own Homes, in Effect Jan. 1, 1926, by Lulu L. Eckman (U . S. Chil
dren’s Bureau Chart N o. 3, Washington, 1925).
16See Illegitimacy Laws in the United States and Certain Foreign Countries, by Ernst Freund (U. S.
Children’s Bureau Publication No. 42,1919), and Illegitimacy Laws of the United States Passed during
the Years 1919 to 1922, Inclusive (U. S. Children’s Bureau leaflet). See also the Uniform Illegitimacy Act
Drafted by the National Conference of Commissioners on Uniform State Laws, 1922, the provisions of
which were substantially incorporated in the statutes of North Dakota, South Dakota, New Mexico, and
Nevada in 1923.
17 For tex t of law see Appendix I, p. 28.

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North Dakota provides that none but the parents or relatives may
assume the permanent care and custody of a child under 18 years
of age, except upon court order, and that parents may not assign nor
otherwise transfer such rights or duties. This does not affect the
right of the parent to consent in writing to the legal adoption of his
child.1* Similar legislation may be observed concerning children
under 17 years of age,19 under 16 years of age,20 under 3 years of age,21
and under 2 years of age.22

In New Jersey the parent, guardian, or person having custody who
fails to notify the commissioner of the department of institutions and
agencies and to secure his written consent before offering through the
public press to surrender a child for indenture or adoption becomes
liable to prosecution for cruelty and neglect.23
Laws dealing with maternity hospitals and child-caring institutions
contain prohibitions of the transfer of custody or control of children,
except upon court order or permission from some specified public
authority. Exceptions are made in the case of persons related by
blood or marriage. In addition to the statutes there are regulations
and minimum standards for the conduct of such institutions, issued
under the authority given by the statutes of various States (see also
State Supervision of Adoption, p. 22).
The rules of the child welfare commission in Alabama direct that
“ in no case shall a so-called illegitimate child or child of an unmar
ried mother be taken away by relatives other than the mother from
such institutions without the written consent of the court having
jurisdiction over adoptions and placements in the county in which
the institution is located. In no case shall a so-called illegitimate
child or child of an unmarried mother in such institution be taken from
the State until an investigation is made by the child-welfare depart
ment and written permission is granted.” The Connecticut depart
ment of public welfare similarly directs that “ when a child is given
up by the boarding mother it shall be given up only to the parents,
guardian, or other person having the legal right to receive it.” In
Missouri such surrender of a child may not be made except upon
petition to a juvenile court having jurisdiction and the order or ap
proval of the court.24
In Maryland a child under 6 months of age may not be separated
from its mother for placement in a foster home or institution ex
cept on court order or with the consent of the State board of chari
ties or on the signed recommendation of two physicians qualified to
practice in the State. In North Carolina the mother may not sur
render her infant of this age except with the written consent of
specified public authorities. In South Carolina a report of such re
moval must be made to the child-placing bureau of the State board
of public welfare “unless the person removing said child * * *
knows that said child was bom m wedlock and was not removed from
its mother because of immoral surroundings.” 25
18 For text of law see A ppendix I, p. 30.
18 Michigan. For tex t of law see Appendix I, p. 44.
* Alabama, act of Oct. 1,1923, Laws of 1923, p. 725, sec. 9.
« Indiana, Burns’ Annotated Stat. 1914, sec. 3678 (Acts of 1909, ch. 154, p 369, sec. 12, p 374)
» Nebraska, Comp. Stat. 1922, sec. 8260, p. 2563; Ohio, Gen. Code 1921, sec. 6273, p. 3025
a N ew Jersey, act of Feb. 28, 1918, Ch. 147, sec. 101, Acts of 1918, p. 343 as amended by act of
act of Apr. l l , 1919, ch. 97, sec. 2, Acts of 1919, p. 222. See also Appendix I, p. 47.
14 For text of law see Appendix I, p. 47.
* For text of laws see Appendix I., pp. 47 (M d.), 48 (N- C.), 48 (S. O.).

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ADOPTION" LAWS IN THE UNITED STATES

JURISDICTION OVER ADOPTION PROCEEDINGS

The question of jurisdiction covers (1) the area over which the
court exercises authority, (2) the subject matter with which the
court deals and its equipment for handling adoption cases, (3) exclu
sive or concurrent jurisdiction, and (4) the residence of the petitioners,
of the child, and of its parents.
TERRITORIAL JURISDICTION

In most of the States jurisdiction over adoption is given to a court
exercising authority over the area of a county. Courts which serve
a county are vested with jurisdiction in adoption proceedings as fol
lows: The county court m Nebraska, Oklahoma, Oregon (except in
Multnomah County, where the court of domestic relations has juris
diction), South Dakota, Texas, and Wisconsin; the probate court in
Alabama, Arkansas, Idaho, Kansas, Maine, Massachusetts, Michigan,
New Hampshire, and Ohio; the orphan’s court in Delaware, New
Jersey, and Pennsylvania (municipal court in Philadelphia County);
the superior court in Arizona ana California; the court of common
pleas m South Carolina; the county judge or surrogate in New York
(see also p. 7). Courts serving an area which may be less than a
county have jurisdiction in Connecticut and Vermont, where the
probate court has jurisdiction, and in Rhode Island, where the
municipal or probate court of the town has jurisdiction.
In the remaining States in which adoption proceedings require
judicial sanction jurisdiction is vested in a court which serves an
area larger than the county unit, although in some of these a county
or municipal court has concurrent jurisdiction. These States are as
follows: The district court in Colorado (or county court; juvenile
court in Denver), Minnesota, Montana, Nevada, New Mexico, North
Dakota (or county court in counties where it has been given increased
jurisdiction), Utah, and Wyoming; circuit churt in Florida; Illinois
(or county court), Indiana (or in case of dependent or neglected
child the circuit, probate, or superior court), Kentucky, Missouri
(juvenile division), Tennessee "{concurrent with county court);,'Vir
ginia (or corporation or hustings court), and West Virginia; the
superior court in Georgia, North Carolina, and Washington; chancery
court in Mississippi; and the equity court in Maryland. Iowa,
Louisiana, and Texas are the only States in which adoption proceed
ings do not require judicial sanction. In Iowa adoption is accom
plished by acknowledging the necessary papers and recording them
m the office of the recorder of deeds; m Texas they must be so
acknowledged and filed in the county court, and in Louisiana notarial
sanction is all that is required.
COURTS HAVING JURISDICTION

Here the questions arising are: Is the court to which jurisdiction
in adoption has been given a “ socialized” court, i. e., a juvenile court
or domestic-relations court or one equipped for social investigation ?
Is it a probate, county, district, or circuit court to which has also
been granted juvenile jurisdiction? Or is it a court that, apart from
matters of adoption, guardianship, and trusteeship, has nothing to do
with “ juvenile cases” as such? These questions have come up in

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ADOPTION LAWS IN THE UNITED STATES

States where revision of the adoption law has been under recent
discussion.
Certain groups have wished to see jurisdiction in adoption cases
given to the more highly socialized juvenile and domestic-relations
court. Certain other groups have felt that this power should be kept
exclusively in courts historically dealing with matters of probate and
away from those courts popularly associated with the delinquency of
children or of parents in respect to their children.
Juvenile and Domestic-Relations Courts.

In a few instances jurisdiction has been given to juvenile courts.
This has been the case in New York State (with limitations) and
in Missouri.26 In Oregon jurisdiction is given in counties with a
population of 200,000 or more to domestic-relations courts, which
have juvenile jurisdiction and jurisdiction over certain types of adult
cases affecting the family or the child.27 In other counties cases of
adoption go into county courts. In Arizona the juvenile court may
act in the adoption of children who have been brought before it as
dependent, incorrigible, or delinquent.28
Courts Acting in Separate Sessions as Juvenile Courts.

In certain States the county, circuit, or other court which already
had j urisdiction in adoption cases is that which, by later law, may act in
separate sessions as a juvenile court. In Idaho jurisdiction in adop
tion rests in the probate court,29which by a subsequent law was given
jurisdiction, in separate sessions, in cases of dependent, neglected,
and delinquent children.30 In Illinois adoptions go into the circuit
or county courts,31 which also have juvenile jurisdiction.32 In Indi
ana jurisdiction in adoption is placed in the circuit court; in adop
tion of children who have been declared neglected or dependent, juris
diction is given to all circuit, probate, or superior courts of the
State.33 Juvenile courts are provided for in counties containing
cities of 100,000 or more inhabitants, such courts not having probate
jurisdiction. In other counties the circuit courts act as juvenile
courts.34 In Kansas the probate court has jurisdiction, and the probate
judge sits as judge of the juvenile court.35 In Nevada jurisdiction
m adoption and jurisdiction in juvenile-court cases go into separate
sessions of the district court.38 In North Dakota the district courts
and county courts when given increased jurisdiction have adoption
jurisdiction. The district court has juvenile jurisdiction.37 In
Pennsylvania, by a law passed in 1923, the Philadelphia Municipal
Court (serving Philadelphia County),which has jurisdiction in juve
nile and domestic-relations cases, was given jurisdiction in adoption
MMissouri, R ev. Stat. 1919, eh. 11, sec. 1035, p. 462; N ew York, act of Apr. 10, 1922, ch. 547, sec. 5
Laws of 1922, pp. 1262-63. Special laws in N ew York State apply to certain counties. Under a 1925
decision of the appellate court this jurisdiction probably will be lim ited to children who are dependent
neglected, or delinquent. In N ew York city this lim itation is expressly stated by an act of 1924
which confines such jurisdiction to cases of dependent, neglected, or delinquent children (Laws of 1924.
ch. 254, sec. 7).
37Oregon, Orèg. Laws 1920, sec. 9787(c), p . 3509.
38Arizona, R ev. Stat. 1913 (Civil Code), sec. 3565, p. 1232.
“ Idaho, Comp. Stat. 1919, ch. 185, sec. 4687, p. 1341.
30Ibid., ch. 290, sec. 7904, p. 2232; and ch. 41, sec. 1011, p. 285.
«Illinois, Sm ith’s R ev. Stat. 1921, ch. 4, sec. 1, p. 25.
“ Ibid.,, eh. 23, sec. 191, p. 170. In counties of over 500,000 population (i. e., Cook County) the juvenile
courus a branch of the circuit court, and the county court does not have juvenile jurisdiction in that
“ Indiana, Burns’ Annotated Stat. 1914, secs. 868, p. 583, and 874a, p. 586.
“ Ibid., sec. 1630, p . 877.
35Kansas, Rev. Gen. Stat. 1923, sec. 38-106, p. 582, and sec. 38-401, p. 590.
so Nevada, Rev. Stat. 1912, sec. 5826, p. 1698; secs. 729,730, p. 219.
37For text of law see Appendix I, p 29.

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proceedings.88 In South Dakota adoption goes into the county
court, and the county court sits also for “ juvenile cases.” 39 Ten
nessee places adoption in the circuit and county courts; the county
judge or the chairman of the county court acts as judge in the hear
ing of juvenile-neglect and delinquency cases.40 Texas, which pro
vides for adoption by certified statement filed in the office of the
clerk of the county court, gives jurisdiction in “ juvenile cases ” to
the county and district courts.41 Washington gives both jurisdic
tions to the superior court of the county.42
Where jurisdiction rests in a court that in separate sessions sits as
a juvenile court or where it rests in a court whose judge is designated
to preside over the juvenile court, machinery for investigation may
be more readily available to the judge and, having become familiar
with its use in the juvenile court, he may more readily realize its value
in adoption cases.
Courts Having No Juvenile Jurisdiction.

In many States the courts dealing with adoption have no connec
tion with juvenile courts, and their judges, as such, have no experience
in sitting as judges of juvenile sessions. In such courts, unless special
provision is made for investigation, adoption is likely to be regarded
simply as one of many matters of probate, not as a matter in which
protection of the child through a study of the case is an obligation
resting upon the court.
Concurrent Jurisdiction by Two or More Courts.

Jurisdiction may be placed exclusively in one court or may be
given concurrently to two or more courts. Concurrent jurisdiction
given to courts some of which are with and some without provision
for investigation is of special interest. Reference has been made to
jurisdiction given in certain cases in New York State to the juvenile
courts.43
JURISDICTION AS TO RESIDENCE OF THE PARTIES IN INTEREST

Many of the States specify that the court before which the petition
for adoption is filed be for the county of residence of the petitioner;
some specify that it shall be that of the child.44 Certain States pro
vide that it may be either.45 Still other States, as Oregon and South
Carolina,46 provide also for adoption in the county where the insti
tution in which a destitute child has received care is situated.
ADOPTION PROCEDURE

The first feature of a valid adoption proceeding is the presence of
the necessary parties—the adopting parents, the child’s parents or
their substitutes, and the child. The remaining features comprise the
legal steps involved in the process—the petition of the adoptingparents,
ts Pennsylvania, act of M ay 11,1923, Laws of 1923, N o. 147, p. 201.
a»South Dakota, R ev. Code 1919, sec. 206, p. 49; sec. 9973, p. 2589.
«Tennessee, Thompson’s Shannon’s Code 1918, sec. 5402, p. 2225; sec. 4436a-37, p . 1892a.
« T e x a s, Vernon's Complete Stat. 1920, art. I, p. 1; art. 2185, p . 380; Code of Criminal Procedure, art.
^ ^ ^ ¿ sh to g to n , Remington’s Comp. Stat. 1922, sec. 1696, p.894; sec. 1987-2, t>. 1011.
« For text11oftaws see Appendix I, pp. 27 (M inn.). 29 (N . D ak.), 30 (Va.), 35 (N . M ex.).
* For te x t of laws see Appendix I, pp. 38 (M ass.), 41 (N . J .), 32 (Ohio).
■ ' . 1tr_ T
« S o u th Carolina, Code 1922, sec. 5578, pp. 1698-1699. For te x t of Oregon law see Appendix I.

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notice to the child’s parents (or their substitutes), their consent, and
the judicial determination. These points will be found in all adop
tion laws providing for court action.47
In addition, provision is frequently made in recent statutes for the
use of social agencies, either attached to the court or possibly of a
private character, capable of supplying the court with such facts that
the decision may rest on recognition of the child’s real needs. The
statutes will likewise require such other precautions as compelling
the appearance of all parties at the hearing and providing for a trial
period in the prospective adoptive home, together with provision for
termination of the relation by means of annulment procedure.
THE PARTIES TO ADOPTION

The parties to an adoption proceeding consist of the person or per
sons who seek to adopt, the child’s parents who may or must consent,
and the child to be adopted. Some specification or restriction con
cerning each of the parties appears in much of the legislation.
The Adopting Parent.

The age of the adopting parent is seldom specified in the statutes
otherwise than by the requirement that he must be an adult. Louis
iana, “ a Civil-law State,” directs that the person adopting shall be 4 '
years of age and 15 years older than the person to be adopted.48
Nevada, Montana, Oklahoma, South Dakota, and Utah require at
least 10 years difference in age.49 Massachusetts directs merely that
the person adopting be older than the person adopted.50
It is of interest to note the recommendations of the committee on
child adoption in Great Britain that the person adopting be 20 years
older than the child, also that husband ancfwife adopting jointly be
at least 25 years of age, and that other persons adopting be at least
0.51 But waiver of the age requirements is permitted at discretio
of the judge. The Norwegian law of 1917, a carefully drafted statute,
requires that the person adopting be at least 25 years of age.52
Generally there is a provision that the person adopting must be a
resident of the £ ta te 53or of the county54in which the adoption occurs.
The Child to Be Adopted.

The person to be adopted is variously referred to as a “ child,”
“ minor,” “ minor child,” or “ another person younger than himself.” 55
Sometimes it is clearly stated that either a minor or an adult may
47 Massachusetts seems to have been the first State to pass what may be considered an adoption law proper
(act of M ay 24,1851, ch. 324, Acts and Resolves of 1851, pp. 815-816). This provided for petition to the
probate judge, written consent of the child’s parents, if living, or for consent of guardian, next of kin, or
next friend, if parents were deceased; the decree of adoption was to be granted by the judge if satisfied
that such adoption was fit and proper. T he relation between the child and his own parents was to be
completely severed thereafter; and inheritance was to be as if the child were born in lawful wedlock of
the adopting parents, except in case of property expressly limited to heirs of the body. The require
m ent of consent in case of unfit parents was modified later (act of M ay 18,1871, ch. 310, sec. 3. Acts and
Resolves of 1871, p. 653).
48Louisiana, Saunders’ Rev. Civil Code 1920, sec. 214, pp. 38-39.
49 Nevada, R ev. Laws 1912, sec. 5825, p. 1697; M ontana, R ev. Codes 1921, sec. 5857, p. 51; Oklahoma,
Comp. Stat. 1921, sec. 8044, p. 2783; South Dakota, R ev. Code 1919, sec. 202, p. 49; Utah, Comp. Laws
1917, sec. 11, p. 143.
60 For text of law see Appendix I, p. 38.
61 Home Department [Great Britain]: Report of the Committee on Child Adoption, 1925, sec 24.
See also footnote 1, p. 1.
62Norske Lovtidende, Part 2, N o. 1, p. 152. Christiana, Norway, 1917.
68 As in Colorado, Comp. Laws 1921, ch. 120, sec. 5512, p. 1485.
64 As in California, Kerr’s Civil Code, sec. 226, p. 368.
66As in Massachusetts. For text of law see Appendix I, p. 38.

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be adopted.56 Ambiguous clauses in certain laws57 raise the ques
tion whether the father of a child born outside of marriage may or
may not adopt his own child.58 Some statutes prohibit this.59
The consent of the child to his adoption is necessary in Michigan
and in North Dakota if the child is 10 years of age or over.60 In Cali
fornia, Idaho, Missouri, New York, Oklahoma, Pennsylvania, South
Dakota, and Utah his consent is not required unless he is 12 years of age
or over.61 In 14 States the age at which his consent is needed is 14
years or over. Of the 8 States providing for social investigation
Arizona, Minnesota, Oregon, and Virginia make the consent of
the child necessary if he is 14 years old,62 Ohio if he is 13 years old,
New York if he is 12 years old, Michigan and North Dakota if he is 10
years old.63 Pennsylvania requires also the consent of “ husband or
wife, if any,” of the person proposed to be adopted, and Massachu
setts requires that of the husband.
An intent to protect the adopting parents appears in such legisla
tion concerning the child as that his antecedents be inves igated or
his mental and physical condition be determined, or that annul
ment of adoption may take place if within a certain period after the
granting of the decree of adoption the child prove to be feeble-minded
or subject to certain diseases due to conditions prior to adoption, of
which the adopting parents had no knowledge or notice at the time
of the decree.64
The Natural Parents.

Adoption proceedings necessarily involve the parents of the child.
The petition for adoption may be required to contain certain infor
mation about them or to state that such information is not available
to the petitioners (see p.*ll). Notice of intention to adopt is usually
requisite, and lack of such notice may furnish to the natural parents
the basis for an appeal (see pp. 11, 30). The consent of the living
parents of a child (or of the mother of a child born out of wedlock)
is almost universally required in provisions for judicial determination
(see p. 12). Certain exceptions are necessary because of the existence
of grounds sufficient for dispensing with parental consent or the
empowering of specified persons or institutions to consent in the
place of parents legally mcapable of giving consent, or no longer
living. The provisions for investigation seen in some of the adoption
legislation likewise involve the natural parents in directing that their
reasons for desiring to surrender the child be inquired into, as in
Virginia, or that other relevant matters of domestic relationship be
noted, as in Massachusetts, as well as that the antecedents of the
child be. investigated.65 Parents capable of consenting to adoption
are compelled by some statutes to appear at "the hearing.
66As in N ew York (for text of law see Appendix I, p. 40) and Pennsylvania (Laws of 1925, act 93, sec. 1).
67Illinois, Sm ith’s R ev. Stat. 1921, cb. 4, sec. 1, p. 25.
68U .S. Children’s Bureau Publication N o. 42, p. 23.
For example of laws see Appendix I, pp. 27 (M inn.), 35 (N. M ex.), 30 (Va.).
« For text of law see Appendix I, pp. 45 (M ich.), 29 (N . Dak.).
California, Kerr’s Civil Code 1920, sec. 225, p. 367; Idaho, Comp. Stat. 1919, ch. 185, sec. 4686, p. 1341;
Missouri, Rev. Stat. 1919, ch. 11, sec. 1096, pp. 462-463; N ew York, see text of law, Appendix I, p. 41,
Oklahoma, Comp. Stat. 1921, ch. 70, sec. 8047, p. 2784; Pennsylvania, Laws of 1925, act 93, sec. 2, (a);
South Dakota, Rev. Code 1919, sec. 205, p. 49; U tah, Comp. Laws 1917, sec. 14, p . 143.
68Arizona, Rev. Stat. 1913, sec. 1194, p. 494. See also Appendix I, pp. 27 (M inn.), 36 (Oreg.), 30 (Va.).
«a For text of laws see Appendix I, pp. 32 (Ohio), 41 (N . Y .), 45 (M ich.), 29 (N . Dak.).
« For te x t of laws see A ppendix I, pp. 28 (M inn.), 35 (N . M ex.), 31 (Va.).
* For te x t of laws see Appendix I, pp. 30 (Va.), 40 (M ass.).

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THE PETITION

The great _majority of the statutes provide that the adopting per
son, if married, must petition jointly with the spouse or, if <ith 'r
husband or wife petitions, the consent of the other must be obtained.
umj
that such steps must be taken as will make the child a
cmld of both. Nevada and New Mexico, however, make the cons nt
of the husband or wife of the petitioner necessary, provided he or
she is capable of giving such consent.86
Many of the acts merely state that certain persons may petition
and do not specify what the petition is to con ain. Certain acts,
however, like those of Pennsylvania and Ohio,67require the inclusion
of such items as the name and age of the child; the name and address
of the petitioner; the name by which the child is to be known;
whether the parents are living or not; and names and addresses of the
living parents, if known to the petitioners. A description of any
propertv belonging to the child must also appear in the petition.
If a child is born outside of marriage ana the statute under which
he is being adopted requires that nothing be said as to illegitimacy,
as in New York and Massachusetts, a statement in the petition that
the child is the child of a single woman has been held not to violate
such a statute.68 When the act under which the petition is filed
requires the name and address of both parents if living, the omission
of the father’s name without such a statement of explanation would
render the petition incomplete.
NOTICE

As the adoption statutes are in derogation of parental rights and
liable to strict construction the matter of notice becomes very import?n t* ¥-any of the adoption acts specifically require notice to all
those whose consent is necessary. The Minnesota act, which makes
careful provision for investigation before the hearing, requires public
notice in case of children whose parents are dead or have deserted
if there is no guardian within the State. It provides also that such
notice as the court deems “ just and practicable” shall be sent to
the known kindred. If there is no duly appointed guardian, the
parent who has lost custody through divorce or the father who has
acknowledged paternity of a child born out of wedlock or, has been
adjudged to be the father shall be notified. North Dakota has a
similar provision, and Oregon also provides for notice to a divorced
parent. Arizona requires that if the whereabouts of those whose
consent is necessary are unknown or if such persons have gone out
of the State a notice of intention to adopt shall be published once a
week for three successive weeks, the last publication to be four weeks
before the time appointed for hearing.89 The Illinois act directs that
ThV^nr£om-ReXi' LaWS l 012-sec. 5827, p. 1698; N ew Mexico, Stat. Annotated 1915, ch.2, sec. 15, p 119
eg * n aw requi5es that the adoption be a joint act between husband and wife unless one
P °u seism en ta lly unsound. (Norske Lovtidende, Part 2. N o .l. p. 152.) The English report reflr?ed
to m footnote, 1 p. l, suggests waiver of consent at discretion of court.
•
p
re errea
« cwilfvt^vania, Laws of 1925, act 93, sec. 1. For te x t of Ohio law see Appendix I, p. 32.
80 ^ ^ 8 0 2 ^ aWS S6e A ppend,x l >PP- 42 <N. Y .), 38 (M ass.), Purinton v. Jamrock (1907), 195 Mass. 187;
“ Arizona, Rev. Stat. 1913, sec. 1191, p. 494. See also Appendix I, pp. 27 (M inn.), 29 (N . D ak.), 36 (Oreg.).

40185°—25-----3

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whenever it appears that a person whose consent is necessary resides
outside of the State or has gone out of it or on due inquiry can not be
found, publication of notice is to be made in some newspaper printed
in his county or in the place of publication nearest to his county.
When the address of a person whose consent is necessary and who
has not given consent is within the State and known to the court
the court issues summons. Rhode Island requires that if a parent
does not consent in writing a copy of the petition and order shall be
served on him personally, if found in the State; otherwise notice
must be published once a week for three successive weeks, the last
publication to be at least seven days before the time appointed for
the hearing. Like notice is to be published when the child has no
parent living. The court may order such further notice as it deems
necessary or proper.70
CONSENT OF PARENTS

The consent of the child’s own parents is one of the most important
items of adoption procedure. Statutes providing for judicial deter
mination almost universally require the consent of the living parents
of a child born in wedlock and of the mother of a child born out of
wedlock. In States permitting adoption by deed the consent of
parents is not always similarly required (see p. 2) .
Obviously consent of parents should not be required if they are
mentally incompetent or are morally unfit to make the decision in
regard to the future of the child. The circumstances in which the
child’s own parents may be deemed incapable of consent therefore
become a matter of formal determination and are defined in many
of the statutes. Likewise the proper substitutes for parents legally
incapable of consenting must be specified in order that the requisite
consent may be given. If the person to be adopted is over 18 years
of age, parental consent may be dispensed with in the discretion of
the court; and the consent of parents of persons over 21 or of full
age is dispensed with in Massachusetts, New York, and Wisconsin.71*
Parents Mentally Incompetent.

The consent of the parent, if not “ hopelessly insane, intemperate,
or has abandoned,” is required in Colorado; Virginia and Massachu
setts dispense with the consent of a parent who is “ hopelessly ” insane;
and North Dakota dispenses with the consent of a parent “ insane or
otherwise incapacitated from giving consent.”72 The difficulties
involved in determining who is hopelessly insane or intemperate or
who has abandoned are obvious. Some States have attempted to
make their provisions more exact. California dispenses with the
consent of “ a father or mother who has been declared either feeble
minded or insane by the State commission in lunacy, or by three
competent persons appointed by said commission; provided, that
if so declared insane, said father or mother shall have subsequently
been determined to be incurably insane by the superior court of the
county where he or she resides” ; and Nevada dispenses with that of a
parent who has been declared feeble-minded or insane by a court of
70Illinois, Sm ith’s Rev. Stat. 1921, ch. 4, sec. 2, pp. 25-26; Rhode Island, Gen. Laws, Revision of 1923,
ch. 288, sec. 4, as amended by Laws of 1925, ch. 65, sec, 4.
71 For text of laws see Appendix I, pp. 38 (M ass.), 41 N . Y .), 46 (W is.).
«Colorado, Comp. Laws 1921, ch. 120, sec.5512, p. 1486. See also Appendix I, p p .30 (Va.). 38 (Mass.),
29 (N . D a k ).

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competent jurisdiction.73 Michigan provides for the consent of the
general guardian of an insane or mentally incompetent parent; while
New York dispenses with the consent of a parent who is insane as
defined by the insanity law or judicially declared incompetent or
who is a mental defective as defined by the mental deficiency law.74
New Jersey dispenses with the consent of a parent who is habitually
intemperate; Virginia, that of a parent addicted to drugs or intoxi
cating liquor; New York, that of a parent adjudged to be a habitual
drunkard; Massachusetts, that of a parent who has been sentenced
to imprisonment for drunkeness upon a third conviction within one
year and neglects to provide for the child; Pennsylvania, that of a
parent who has been adjudged a lunatic or habitual drunkard.75
Parents Deprived of Custody or Civil Rights.

The laws of a considerable number of States make unnecessary the
consent of a parent deprived of civil rights, or of one who has lost
custody through divorce proceedings or the order of a juvenile
court.7'5 Illinois provides that the parent’s consent is unnecessary
if he has been deprived of custody by a court and, by order of the
same court, a guardian has been appointed authorized to consent
to adoption without notice to parents; and the Illinois juvenile court
law provides for such a decree.77 South Dakota provides that the
consent of a parent is unnecessary when the parent has been deprived
of custody and the judgment sustained on appeal, or the time for
appeal has expired.78 As experience has brought out possibilities
of harsh application of the law there have been amendments in modifi
cation. In Minnesota notice must be given to a parent deprived
of custody through a divorce proceeding.79
Parents Who Have Deserted or Abandoned.

The vexing question of when a parent may be considered to have
deserted the child has long been debated. When the child has been
declared by a juvenile court to be deserted or abandoned, a court
later acting in adoption would seem to have the path cleared.
Otherwise the decision is often difficult.
Provisions as to desertion or abandonment, either direct or through
leaving in care of children’s organizations, appear in many of the
adoption acts. There has been considerable confusion about the
legal status of children left in institutions by parents who later neg
lected to pay for their maintenance. Several States, as Indiana and
Pennsylvania, provide that when it is proved to the court of adoption
that the child has been deserted and has no legal guardian, the court
may allow adoption as if the parents were dead.80 Illinois dispenses
with the consent of a parent who is proved to have deserted for more
than six months; Massachusetts, “ if he has willfully deserted and
neglected to provide proper care and maintenance for such child for
78California, Kerr’s Civil Code 1920, sec. 224, as amended by act of M ay 23,1921, ch. 229, Stat. of 1921,
p. 307; N evada, R ev. Laws 1912, sec. 5828, as amended by act of Mar. 22, 1921, ch. 216, Stat. of 1921,
p. 324.
74For text of laws see Appendix I, pp .45 (M ich.) 41 (N . Y .).
75N ew Jersey, Comp. Stat. 1910 .Infants’ sec. 13, p. 2807. Pennsylvania, Laws of 1925, act 93, sec. 2 (c).
See also Appendix I, pp. 30 (Va.), 38 (M ass.),41 (N . Y .).
76As N ew York. For tex t of law see A ppendix I, p. 41. Consent of parent divorced because of adult
ery is unnecessary, but notice must be given.
77Illinois, Sm ith's R ev. Stat. 1921, ch. 23, sec. 209, pp. 173-174. See also Appendix I, p. 44.
78South Dakota, R ev. Code 1919, sec. 204, p. 49.
78Minnesota, Gen. Stat. 1913, sec. 7154, as amended by act of Apr. 14, 1917, ch. 222, Laws of 1917,
p. 336.
80Indiana, Burns'Annotated Stat. 1914, sec. 3098, p. 169; Pennsylvania, Laws of 1925, act 93, sec. 2(d).

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two years last preceding the date of the petition; Or if he has suffered
such child to be supported for more than two years continuously prior
to the petition by an incorporated charitable instituí ion, or as a pauper
by a town or by the commonwealth, and the Rhode Island law is
similar.81 Missouri dispenses with the consent of a parent who has
abandoned or neglected to provide, or has left the child to the care
of an institution for two years; Montana dispenses with the consent
of parents who have willfully deserted or, without payment, have
left the child one year in an orphan asylum. The Oregon law is
very similar. California dispenses with the consent of “ the father
or mother of any child deserted by its parents without provision for
their identification.”82 In Montana the provision as to parental con
sent is very unusual. This act makes possible the adoption of a half
orphan on the consent of a majority of the board of an orphan asylum,
if the parent, when able (in the opinion of that majority) to do so,
has not contributed 60 per cent of the cost of the child’s mainte
nance during the year previous to the time of filing the petition.
And when the parent is not a resident of the State, a child lett in the
asylum over a year, whether such parent pays board or not, may
be so adopted. A majority of the board may also decide whether or
not the child has been abandoned.83
Parents Found Unfit.

In the instances noted above parental consent is dispensed with on
grounds of unfitness specifically stated. Thé Arizona act goes further,
providing that adoption may be decreed without the consent of
parent, guardian, or next of kin, “ where the judge considers that the
interests of the child will be promoted thereby.” 84 The Illinois statute
is almost as broad, including “ depravity” with four other specified
grounds upon which a parent may be found unfit.80 The Illinois
Supreme Court has held that an adoption was not legal when the
unfitness of the parent who had not consented had not been
determined in the court entering the decree:86 “ Where the only
question tried in a habeas corpus proceeding by a father for the
custody of his child is whether a certain decree of adoption is valid
the fact that the appellate court finds such decree was void as to
the parent and reverses the order of the lower court does not neces
sarily establish the father’s right to the custody of the child, and the
cause should be remanded to permit that question to be adjudicated
according to the best interests of the child.” Massachusetts directs
that the unfitness be determined largely by previous public record
against the parents, thus causing it to rest upon more specific and
therefore limited grounds in addition to those constituted by insanity,
deprivation of civil rights, etc.87
« Rhode Island, Gen. Laws, Revision of 1923, ch. 288, sec. 3. See also Appendix I, pp. 44 (111.), 38 (M ass.).
82Missouri, Rev. Stat. 1919, ch. 11, sec. 1098; Montana Rev. Codes 1921, sec. 5859, p. 52; California,
Kerr’s Civil Code 1920, sec. 224, as amended by act of M ay 23, 1921, ch. 229, Stat. of 1921, p. 307. For
text of Oregon law see Appendix I, p. 36.
•
88 Montana, Rev. Codes 1921, sec. 5859, p. 52. See also discussion of the transfer of parental responsibility
by other process than legal adoption, p. 4 .
84Arizona, Rev. Stat. 1913 (Civil Code), sec. 1193.
86 For te x t of the law see Appendix I, p.44.
8« Sullivan ». The People, 224 111. 468 (1906).
87 For text of law see Appendix I, p. 38.

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CONSENT OP PERSON OR INSTITUTION IN LOCO PARENTIS
Next Friend.

If there be neither parent nor guardian to consent, some States
provide for the appointment by the court of a next friend, guardian
ad litem, or (Louisiana) “ tu to r” who is to represent the interests of
the child, and give or withhold consent. He is the precursor of the
modern social investigator. For example, Ohio provides that investi
gation be made through a court-appointed “ next friend” found to
be a “ discreet and suitable person,” as well as through an approved
child-caring organization or the board of State charities.88
Public Official.

When there is no parent or guardian the consent to adoption may
be given in Vermont, Connecticut, and Iowa by the poor-law offi
cial, selectmen, or mayor; in Minnesota by the State board of con
trol; and in North Dakota by the State board of administration.89
It is interesting to note that the later development of responsibility
on the part of a central authority in the matter of adoption is a
direct development of the local responsibility of selectmen and poor
officials here shown.
Institutions or Agencies (after court commitment).

When children have been committed to a child-caring institution
or agency by a court of competent jurisdiction the right of consent is
often given to such institution or agency. Thus Ohio juvenile courts
may commit to the State board or a private association or a person
as guardian. But the consent given by this guardian must be
approved by the juvenile court which committed the child.90 Arizona
gives the person or institution receiving a dependent child committed
by court the right to place for adoption and to consent to adoption
unless the court orders otherwise.91 In Illinois juvenile courts may
Appoint a guardian with the power to consent to adoption, in which
case no other consent is necessary.02 In Indiana a petition for adop
tion of a child who has been adjudged dependent or neglected must
be accompanied by written consent of the court or of the public board
of which the child is a ward,93 unless consent be given by the board
of State charities. The Minnesota act provides that when the court
has committed dependent or neglected children to the State board of
control or to any association or individual such board, association, or
individual may consent to adoption. It is specified, however, that
the board of control is not authorized to consent to the adoption of
a child committed for delinquency.94 Kentucky makes the consent
of an institution sufficient if the child has been committed to it one
year prior to the petition, provided the proposed adoption has been
advertised for four weeks in the county of the child’s residence and
provided the judge shall hear and determine any objection that
may be made.95 In Oregon incorporated and licensed child-caring
68 For text of law see Appendix I, p. 32.
m Vermont, Gen. Laws 1917, sec. 3757, pp. 646-647; Connecticut, Gen. Stat. 1918, sec. 4878, p. 1361; Iowa,
Code 1924, ch. 7, sec. 10,500. See also Appendix I, pp. 27 (M inn.), 29 (N . D ak.).
so For text of law see Appendix I, p. 32.
MArizona, Rev. Stat. 1913 (Civil Code), sec. 3567, p. 1233-1234.
9J Illinois, Sm ith’s Rev. Stat. 1921, ch. 23, sec. 209, pp. 173-174. See also Appendix I, p. 44.
98 Indiana, Burns’s Annotated Stat., 1914, sec. 874b, p. 586.
94 Minnesota, act of Apr. 10,1917, ch. 194, sec. 1, Laws of 1917, p. 279. See also Appendix I, p. 27.
95Kentucky, Carroll’s Stat. 1922, sec. 2072, as amended by act of Mar. 23, 1922, ch. 70, Acts of 1922,
p. 215.

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organizations have power to consent to the adoption of wards com
mitted to them through permanent orders by courts of competent
jurisdiction.98
Under certain statutes the court is to accept the consent of an
institution or society which has been oaring for a child in case the
parents of the child have formally surrendered him to the organiza
tion. This is the case in Idaho, Michigan, New Jersey, and Wash
ington.97 In Massachusetts a surrender in writing by the parents
operates as a consent to any adoption approved by the institution
to which the child has been surrendered. The State department of
public welfare may receive a child under 3 years of age by written
surrender from its parents, such surrender to be equivalent to a com
mitment by court.98 According to the Wisconsin statutes county
homes for dependent children may consent, in place of parents, to
the adoption of children surrendered to them by parents, and the
State board of control may consent to adoption of children in the
State public school,99 but the supreme court of the State has held
that the written consent of the State board of control or of any
guardian is not a sufficient substitute for the written consent of the
living natural parents where such consent is required, unless there
has been an actual abandonment by such parents and a finding of
such fact.1 In Michigan if the child is legally an inmate of the State
public school the superintendent of this school and the county agent
of the State welfare commission for the county wherein the person
adopting such child resides may consent to adoption.2
New Tork provides that the guardianship of the person and the
custody of a destitute or dependent child may be “ committed” to an
authorized agency by the parents or, under certain specified circum
stances, by one of the parents. There is no mention of consent in
case of subsequent adoption of the child, and the adoption law makes
no provision dispensing with the consent of parents who have sO
committed a child to an authorized agency.3 Oregon allows parents
to surrender their children to institutions or organizations but requires
a specific surrender of rights in respect to adoption in order to qualify
the institution to consent in the place of the parents. Six months
must elapse between the surrender and the adoption. However,
parents willing to consent are allowed to waive their personal appear
ance in court and “ file their appearance and consent” to an imme
diate adoption.4 It would seem anomalous to permit a parent to
transfer by a simple written renunciation his responsibilities estab
lished by both common and statutory law; as, for instance, laws on
mutual support.5 A tide of legislation in a contrary direction has
already set in. (For treatment of the general subject of transfer of
parental responsibility otherwise than by adoption see p. 4.)
K For text of law see Appendix I, p. 36.
,,
97Idaho, Comp. Stat. 1919, ch. 290, sec. 7902, subdiv. 1, p. 2231; Michigan, for text of law see Appendix
1, p. 44; N ew Jersey, Comp. Stat. 1910, Infants’ sec. 13, p. 2807; Washington, Remington’s Comp. Stat.
1922, sec. 1700, p. 897.
98 Massachusetts, Gen. Laws 1921, ch 119, sec. 15, pp. 1176-1177.
w Wisconsin, Stat. 1923, sec. 48.28, pp. 548-549; sec. 48.22, p. 547.
i Lacher v. Venus (1922), 188 N . W . 613.
«Michigan, Comp. Laws 1915, ch. 234, sec. 14139, as amended by act of Apr. 20,1923, ch. 70, sec. 2,
SU*New York, State Charities Law, sec. 308, as amended by act of M ay 24, 1923, ch. 706, Laws of 1923,
p. 1268. See also Appendix I, p. 41.
4For tex t of law see Appendix I, p. 37.
‘ See N ew York, Code of Criminal Procedure, sec. 914.

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INVESTIGATION BY DESIGNATED AGENCY

The most important development in recent adoption legislation is
the provision for investigation by the court or through some person,
agency, or board appointed or designated by the court. Especially
notable is the plan of referring the matter for investigation to the
State board of public welfare or to some similar body well acquainted
with the problems of neglected and dependent children. Recent stat
utes providing for investigation—those of Arizona, Minnesota, New
York, North Dakota, Ohio, Oregon, New Mexico, Pennsylvania, and
Virginia—usually lay down few elaborate and absolute requirements
in the matter of parental consent. The considerable space in the
Virginia law devoted to this subject deals rather with general rules
for the guidance of the person making the investigation.6 Evidently
in so delicate a matter as that of finding the point at which the
relationship between parent and child should be severed, it is recog
nized that inflexible and just provisions are difficult to formulate.
Much is left to the discretion of the court, which, through its equip
ment for investigation, may have access to the facts of each particular
•caseI
.
, . ,
The Michigan act was one of the first to require that the judge
make investigation before entering the decree. By a later amend
ment investigation is to be made by the county agent of the county
(who works under the general oversight of the State board) or a pro
bation officer. No children may be placed in homes for adoption or
otherwise by State or private institutions without the consent of the
agent of the county in which the foster parents reside or of the State
agent of the State institution from which the child comes. The agent
must visit the children until they are legally adopted. The provision
in many of the earlier acts for the appointment of a “ next friend”
or a guardian ad litem to act in protection of the child who had no
parent or guardian, and to consent in loco parentis was an expression
of public responsibility toward the child. The Ohio law makes pro
vision for the appointment by the court of a next friend, who may
be a representative of a child-caring agency or of the board of State
charities. If the child is a ward of the State board or of a private
agency this board or the agency must report conditions and give its
recommendation. A notable point is that the State board is to
furnish suitable report blanks.7
In Minnesota the court must notify the State board of control
when the petition has been filed. That board is required to inquire
into the condition and antecedents of the child and the suitability of
the proposed home, to submit a report in writing, and to advise
whether the petition should be granted. The investigation may be
waived by the court for good cause shown or when the court is other
wise satisfied.8 North Dakota similarly requires notice to the State
board of administration and investigation by it.9 In New Mexico
the State board of public welfare is to be notified, and it must make
•For text of law see A ppendix I, p. 30.
’For te x t of laws see Appendix I, pp. 45 (M ich.), 32 (Ohio).
,
,
_ , ,
•For te x t of law see Appendix I, p27. For discussion of the work of this State board of control
regard to adoption see The Children’s Bureau of the State Board of Control (Report of the Director
the Bureau to the Board for the Biennial Period Ended June 30,1922), pp. 6-8 (St. Paul, M inn., Sept.
1922).
•For tex t of law see Appendix I, p. 29.

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ADOPTION LAWS IN THE UNITED STATES

investigation and submit a full report in writing within six months.
The judge may act upon a recommendation of the board that the
petition be not granted, and deny the petition, “ but if the person or
persons petitioning shall request a hearing, then the court shall hold
such a hearing,” and a representative of the board may present the
views of the board. In Arizona the judge may order the proper
probation officer to examine into the facts concerning the case and
to report to him thereon. He may allow to the probation officer
“ a reasonable fee” for such service.™ New York requires investiga
tion bv some person or agency specifically designated by the court.11
In Oregon the State child-welfare commission must be notified of
the filing of the petition. Action is delayed for 20 days thereafter
in order that the commission may furnish the court information con
cerning the child and the petitioner. Virginia provides that upon
the filing of the petition the court shall direct a probation officer or
other officer of the court, or other specified person, to investigate
thoroughly and report in writing to the court. I t must be ascer
tained why the parents (if living) desire to surrender the child,
whether they have abandoned the child or are morally unfit, and
whether the proposed foster parents are suitable. The physical and
the mental condition of the child are also to be reported. For this
the investigator may secure the opinion of a reputable physician or
competent mental examiner. In Tennessee the child-caring organiza^
tion consenting to adoption must submit to the court a writ
ten indorsement of the adopting parties, after “ sufficient and satis
factory” investigation. Vermont authorizes investigation in the
discretion of the court, which may require written reports from speci
fied public officials within whose jurisdiction the parties to the pro
posed adoption reside. In Massachusetts any judge of a probate
court may appoint a guardian ad litem to find the facts in any
proceeding relating to or involving questions of the care, custody, or
maintenance of minor children, or any matter involving domestic
relations except those for the investigation of which there is provision
elsewhere. In Pennsylvania the court may cause investigation to
be made by some person or agency specifically designated.12
HEARING AND DECREE

In many of the laws it is specified that the petitioner must appear
and the parent or guardian must appear and consent, provision being
made for certified consent in writing when those persons whose con
sent is necessary live outside the county or the State or when, for
other reason the court deems personal appearance unnecessary.13
Recent laws of Minnesota, North Dakota, Oregon, and Virginia,
which provide for social investigation, specify merely that the parent
or guardian must consent.14 Adequate mvestigation and written con» Arizona, Rev. Stat. 1913 (C ivil Code), sec. 1192. For text of N ew Mexico law see Appendix I, p. 35.
n For) tex t of law see Appendix I, p. 42. T he attorney general of N ew SSork held (in an opinion dated
N ov. 26, 1924 that adoption of a child, whether from an individual or from an institution or authorized
agency, can be made only after investigation and report made pursuant to this law.
•
^
u Pennsylvania, Laws of 1925, act 93, sec. 3. See also Appendix I, pp. 35 (Oreg.), 30 (Va.), 46 (Tenn.),
47 ( V t ) 40 (M ass )
is As in Pennsylvania (Laws of 1925, Act 93, Sec. 3) and N ew York (for text of law see Appendix I, p. 41).
HFor text of laws see Appendix I, pp. 27 (M inn.), 29 (N . D ak.), 36 (Oreg.), 30 (Va ).

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sent of the parents may perhaps be a sufficient measure of protection,
and in some cases the obligatory presence of a parent who has already
recorded his consent may not be of advantage to the child or condu
cive to the success of the new arrangement. The importance of the
hearing in those cases where the parent has not consented has already
been discussed. Proof must be made of any allegations that the
parent’s consent is unnecessary under the adoption act, whether
stated in the petition or presented otherwise, so that the parent may
have fair opportunity to refute them.
Since the power of the court in adoption proceedings to deprive a
parent of his child is a special power conferred by statute, such stat
ute must be strictly construed. In order to warrant the exercise of
the power and sustain an order for adoption made in opposition to
the wishes and against the-consent of the parent, on the ground that
conditions prescribed by statute exist which make that consent unnec
essary, the existence of such conditions must be clearly proved and the
evidence must bring them within the terms and intent of the
statute.15
It is in connection with hearing and decree that many of the stat
utes, as in Minnesota, emphasize the aim of adoption to be the wel
fare of the child and stipulate that before he enters the decree the
judge shall make sure that the petitioners are suitable persons and
able to care for, rear, and educate the child. Here also the provision
for change of name, if desired, often appears.16
Although records of judicial decisions are generally public, the pecu
liar nature of the adoption transaction is recognized by provisions
in some of the statutes. Minnesota and North Dakota provide that,
except on court order, the records shall be open only to the parties
in interest and their attorneys, and to the State board of control.
In New York and Pennsylvania the written report of the investigation,
together with all relevant papers, becomes a permanent record of the
court, which may by the judge at his discretion be closed and withheld
from inspection. No person is allowed access to such sealed records
except upon a court order granted for good cause shown. It is further
directed that the fact of illegitimacy shall not appear upon these
records.17
An interesting suggestion is given in the report of the committee
on child adoption in Great Britain18 in connection with their recom
mendation that the records of adoption be not open to inspection by
any person without an order of the court: “ Notice should be given
to the registrar of births, deaths, and marriages in the district where
the birth of the child w&s originally registered, that an order of adop
tion has been made by the court in question, and that the records of
the court are filed in that court; but such notice should not contain
any information which would lead to the identification of the
adopter. ”
w in re Cozza (1912), 163 Calif. 514; 126 Pac. 161.
i* For tex t of law see A ppendix I, p 27.
i „„
^
a Pennsylvania, Laws of 1925, act 93, sec. 4. See also A ppendix I, p. 28 (M inn.), 29 (N . Dak ),
42 (N . Y.).
18Home Department (Great Britain): Report of the 1921 Committee on Child Adoption, secs. 50, 51.
Bee also the 1925 Report, mentioned in footnote 1, p. 1.

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TRIAL PERIOD IN PROSPECTIVE ADOPTIVE HOME

The recent laws of Georgia, Minnesota, New York, New Mexico,
North Dakota, Ohio, and Virginia show a significant development in
providing that the child must have lived for a certain length of time
in the proposed home before the adoption decree shall be granted.
Minnesota, New York, and North Dakota require six months’ resi
dence but provide that for good cause shown the judge may waive
the requirement, and the provisions of Ohio and New Mexico are simi
lar. Georgia also requires six months’ residence. Virginia requires
residence of one year, with quarterly visits by the probation officer
or agent of the State, county, or city board of public welfare, or
other person appointed by the court. The act also provides for
revocation of the interlocutory decree before the expiration of the
year if this seems best.19
The Vermont law, which represents an older type of legislation,
was amended in 1923 to provide that adoption shall not become
final until one year after the date of the filing of the instrument of
adoption, during which the adoption is a matter pending before and
within the control of the court, subject to annulment for cause shown,
although of full force and effect until such annulment take place.20
APPEAL

The omission of any of the essential features of the adoption pro
cedure may invalidate adoption. Many States provide specifically
for appeal. Others, as Illinois, make no mention of it. In Massa
chusetts a parent who had no personal notice of the adoption may
appeal within one year of the decree of adoption, provided he make
oath that at the time of the adoption he was not undergoing imprison
ment, or, if so imprisoned, has since been pardoned on the ground of
innocence or has had his sentence reversed. Oregon provides that
an appeal may be taken in like manner as appeals from other decrees
of the same court, and Rhode Island permits appeal to the superior
court from the decree of the probate court. A child may appeal
through a next friend, but no bond may be required or costs awarded
against the child or next friend. In Wisconsin any person “ having
the authority or right” was permitted to appeal within one year from
the taking effect of the relevant section of the adoption law, being
otherwise “ forever barred from questioning such adoption proceed
ing, provided that this shall apply only in case of illegitimate or
abandoned children.” 21
INHERITANCE OP PROPERTY

It is evident that the consummation of the adoption process per
mits the adopting parent to do for the adopted child whatever he
may do for his own children; but there is no compulsion that he do
so except as created by express statutory provision. The fact that
adoption legislation is “in derogation of the common law” makes it
19Georgia, act of Aug. 19,1922, N o. 521, sec. 8, Acts and Resolves of 1922, p. 75 See also text of laws
in Appendix I, pp. 27 (M inn.), 35 (N . M ex.), 42 (N . Y .), 29 (N . D ak.), 34 (Ohio), 31 (Va.).
20For text of law see Appendix I, p. 47.
,
,
n Rhode Island, Gen. Laws, Revision of 1923, ch. 288, sec. 8. See also Appendix I, pp. 39 (M ass.), 37
(Oreg.), 47 (W is.).

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subject to strict interpretation. Hence adoption has not been held
to confer upon the adopted child any other rights of inheritance than
those expressly indicated in the statute.22 Fro vision is made in the
statutes of most of the States for establishing the legal relationship
of parent and legitimate child by the process of adoption. This,
under the laws of descent or succession, includes reciprocal inheri
tance. In Michigan, for example, the law directs that persons adopt
in g shall stand in the place of parents to the adopted child in law,
and be liable for all parental duties as well as entitled to all parental
rights, and that the child shall become heir-at-law of the adopting
parents as if he were in fact their child; and the laws of Minnesota,
North Dakota, and Pennsylvania are similar.23
It has generally been held that a statute making the adopted child
the heir of the adopting parent does not entitle the child to inherit
through him from the ancestors of the adopting parent, nor does it
make the adopted child an heir of the kindred of those who adopted
him. Oregon and Rhode Island provide that the adopted child shall
for the purposes of inheritance and all other legal consequences and
incidents of the natural relation of parents and children be the same
to the adopting parents as if he were their child, except that he may
not take property expressly limited to “ the heirs of the body or bodies
of the parent by adoption, nor property from the lineal or collateral
kindred of such parents by right of representation.” 24 Some.courts,
however, have taken a more liberal view under statutes which in effect
seem to place the adopted child in the status of the adopting parent’s
own child; and in such cases the adopted child may inherit from the
children and the ancestors of the adopting parent.25 The children
of an adopted child (or his heirs if he dies without issue) may inherit
by representation from the estate of the adopting parent,26but adopt
ing parents can not inherit from the adopted child unless the statute
so provides.27
New Jersey, New York, West Virginia, and Massachusetts provide
that adoption shall not prevent a child from inheriting from his natu
ral relatives.28 In Florida the child loses no rights of property he
possessed at the time of adoption; in Maine and Ohio he is not
debarred from inheriting from his own parents; and in Virginia the
law stipulates that in case of vacation of an order of adoption “the
court shall see that all the property rights of such child, as well as of
22T he relation of adoption to inheritance can be traced, w ith the aid of full case references, under the
chapters on adoption in several digests: Ruling Case Law, edited by W illiam H. M cK inney and Burdett
A. Rich, Vol. 1, pp. 591-629, secs. 1-41 (1914); Corpus Juris, edited by William Mack and W illiam
Benjamin Hale, Vol. I, pp. 1367-1403, secs. 1-138 (American Book Co., 1914); T he American D igest (West
Publishing Co., St. Paul, M inn.). Treatises on the law of domestic relations also contain chapters on
adoption. See A Treatise on the Law of Marriage, Divorce, Separation, and Domestic R elations, bv
James Sehouler, 6th edition by Arthur A. Blakemore, Vol. I, Ch. IV, secs. 718-735, pp. 760-781 (M atthew
Bender & Co., Albany, N . Y., 1921).
23Pennsylvania, Laws of 1925, act 93, sec. 4. See also Appendix I, pp. 45 (M ich.), 28 (M inn.), 29 (N.
D ak.).
24Rhode Island, Gen. Laws, R evision of 1923, ch. 288, sec 6. For text of Oregon law see Appendix I,
p. 36. See also Sehouler, sec. 728. Among the cases cited are: Phillips v. McConica, 59 Ohio Stat. 1- 51
N . E. 445, 69 Am. St. R . 753; Cooley v. Powers, 63 Ind. App. 59; 113 N . E. 382; Wallace v. Noland. 246
111. 535, 92 N . E 956; Merritt v. Morton, 143 K y. 133, 136 S. W. 133, 33 L. R . A . (N . S.) 139; Helms v
Elliott, 89 Tenn. 446, 14 S. W. 930,10 L. R. A. 535.
25Sehouler, sec. 728. Among the cases cited are: Stearns v. Allen, 183 Mass. 404,67 N . E. 349,97 Am
stat. R. 441; M cM anus v. Lloyd (Wash.) 183 Pac. 93; Shick v. Howe, 137 Iowa 249, 114 N . W. 916. 14 L.
R . A; (N . S.) 980.
26Ibid., sec. 732. Among the cases cited are: In re Herrick’s Estate, (Flske v. Lawton), 124 Minn. 85,
144 N . W. 455; Franklin v. Fairbanks, 99 Kan. 271, 161 Pac. 617.
27Ibid., sec. 731, citing In re Darling’s Estate (Calif.), 159 Pac. 606, and other cases.
28N ew Jersey, Comp. Stat. 1910, Infants’ sec. 15, p. 2808; West Virginia, Barnes’ Code 1923, ch. 123, sec. 4,
pp. 2136-37; N ew York, Laws of 1925, ch. 608, sec. 2; Massachusetts, see Appendix I, p. 39.

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the person or persons adopting it, are protected, and may make such
order as may De proper in the premises so that no injustice may be
done.”29
ANNULMENT

The tie created between a child and his parents by adoption may
become quite as strong as that between a child and his natural par
ents—which is of a permanent character so far at least as blood re
lationship is concerned and which produces responsibilities that can
not usually be avoided otherwise than by open dereliction. But con
ditions sometimes arise that make it desirable to dissolve the rela
tionship between the foster parent and the adopted child. The law
recognizes this fact, and provisions for making void the decree of
adoption are therefore found in some recent statutes. In New Mex
ico the judge may remove the child on proof that the person adopting
is not complying with the terms of the agreement.30 In Alabama the
judge may annul the adoption in whole or in part “for good cause
shown.” In Oregon and Rhode Island provision is made that when
a parent has not Dad personal notice before the hearing of the peti
tion, and appeals within one year of actual notice, the court after
due notice may in its discretion reverse the decree if it appears that
any material allegations in the petition were fintrue.31 In Minnesota
the adopting parents are protected by the provision that if within five
years the adopted child develops feeble-mindedness, insanity, epi
lepsy, or venereal disease from conditions prior to the adoption and
not Known to the adopting parents the decree may be annulled and
the child committed to the State board of control. The interests of
the child are to be represented by the county attorney. Ohio, Mis
souri, and Utah have similar provisions.32 In Virginia the natural
parents, the adopting parents, the child, or the State board of public
welfare may at any time petition for vacation of adoption and restor
ation of the former name. If the child is under 21 years of age he is
represented by a next friend. If he is over 14 years of age the court
must ascertain his wishes, although it need not be controlled by them.
The court must hear evidence in any such petition and is directed to
see that property rights of both child and adopting parent are pro
tected. Notice must be given to the adopting parents if they are
then residents of the State.33
STATE SUPERVISION OF ADOPTION

Recognition of the advisability of public supervision of adoption
is of comparatively recent appearance in adoption legislation. The
need of such supervision is suggested by two facts; namely, that the
ties created by the process of adoption are not necessarily so strong
as those of blood and that complex situations may conceivably arise
through the very performance of their functions by agencies and in
stitutions organized for the purpose of placing out children who are
»Florida, R ev. Gen. Stat. 1920, sec. 3273, p. 1753; Maine, Rev. Stat 1916, ch. 72, sec. 38, as amended
by act of Apr. 7, 1917, ch. 243? Acts and Resolves of 1917, p. 277. See also Appendix I, pp. 34 (Ohio),
31 (Va.).
80New Mexico, Stat. Annotated 1915, ch. 2, sec. 23, p. 121.
8<Alabama, Code 1923, ch. 326, sec. 9302, pp. 410-411; Rhode Island, Gen. Laws, Revision of 1923, ch.
288, sec. 9. For text of Oregon law see Appendix I, p. 37.
88For text of laws see Appendix I, pp. 28 (M inn.), 34 (Ohio); Missouri, R ev. Stat. 1919, ch. 11,sec. 1102,
p. 464; Utah, act of Mar. 13,1919, ch. 1, Laws of 1919, p. 1.
88For text of law see Appendix I, p. 31.

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homeless or destined to become so. This latter fact rests in turn
upon the undeniable truth that there are children born to parents
who are unable or unwilling to assume the responsibilities of parent
hood.
In addition to an effort to prevent children from being placed out
in a temporary or undefined status (especially by persons not directly
responsible to public authorities), control has been further attempted
by regulation of the child placement which child-caring institutions
or organizations undertake to do. The requiring of reports from re
sponsible individuals or organizations is one method of accomplishing
supervision. Alabama requires the judges of its probate courts to
make monthly reports to the child-welfare department on all adop
tions handled during the preceding month.34
Most of the statutes attempt to secure supervision at an early
stage in the process; that is, at the time when the children are placed
in homes for adoption or otherwise. If provision is made that the
State board must investigate before a decree is granted, as in Minne
sota, North Dakota, Oregon, and Virginia, or when it may be called
upon for such investigation, as in Ohio, the State board thus exercises
supervision over adoption. Massachusetts secures direct oversight of
the adoption of public wards by providing that when a petition is
entered in behalf of a child who is a public dependent the court
must notify the State department of public welfare or the local
authority responsible for the child.35 Minnesota makes mandatory
a report to the State board of control concerning all children placed
out by child-caring organizations.36. North Dakota places the licens
ing and supervising of child-placing work under the State board of
administration and requires that afl child-placing agencies report to
the board concerning the placing of children.37 Organizations in
Illinois in receipt of public funds must report placements to the State
department of public welfare.38 In Indiana the State board of char
ities must inspect institutions and homes receiving children on court
commitment.39 In Missouri the State board of charities and correc
tions licenses boarding homes and institutions, except, those under
“ well-known religious orders.” 40 In Georgia child-placing work is
under license of the circuit court after investigation and report by
the State board of public welfare.41 In New York it is the policy of
the State to maintain with the State board of charities a central
confidential registration of children under institutional care or placed
out or boarded out by requiring child-caring institutions and agencies
to make to that board reports of children whom they receive, place
out, or board out.42 The following paragraph occurs in the standards
for child-placing agencies issued by the State Board of Charities and
*4Alabama, Code 1923, ch. 11, sec. 110, p. 522.
;
85For text of laws see A ppendix I, pp. 27 (M inn.) 29 (N . D ak.), 35 (Oreg.), 30 (Va.), 32 (Ohio), 40
(M ass).
36Minnesota, Gen. Stat. 1913, see. 6544, p. 1417.
37North Dakota, act of Mar. 2,1923, ch. 162, Laws of 1923, p. 162.
^Illinois, Sm ith’s R ev. Stat. 1921, ch. 23, sec. 288, p. 180, as amended by act of June 25, 1923, Laws of
1923, p. 170.
39Indiana, Burns’ Annotated Stat. 1914, sec. 1638, p. 883.
40Missouri, act of Mar. 25,1921, sec. 6, Laws of 1921, p. 192.
«Georgia, act of Aug. 19,1922, N o. 521, secs. 1, 2, A cts and Resolves of 1922, pp. 72-73.
43In an opinion dated Dec. 18, 1924, the attorney general of N ew York has ruled that Article 16
of the State Charities Law, as amended by ch. 437, Laws of 1924, requires child-caring institutions
and agencies to make to the State board of charities reports of children whom they receive, place out,
or board out, whether or not such institutions or agencies are granted public funds for the maintenance
of any children for whom they care. He holds that th e powers and duties thus conferred upon the
State board of charities are not in conflict w ith constitutional provisions relating to the board and are a
proper exercise of the authority of th e State (Bulletin, N ew York State Board of Charites, Jan. 1, 1925).

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ADOPTION LAWS IN THE UNITED STATES

Corrections of California April 27, 1921: “ No agency should consent
to the adoption of any of its wards until the child has been in one
home under the supervision of the agency for at least six months.”
Wisconsin forbids any one other than a parent or guardian to place
out any child without license from the State board of control.43
Massachusetts requires any one receiving an infant under 2 years of
age for adoption or for giving it a home, or for procuring a home for
adoption for it, to give notice to the State department of public wel
fare, which may investigate and at any time before adoption may
take the child into its own custody. Ohio prohibits giving a child
under 2 years of age into the temporary or permanent custody of
any person, association, or institution which is not certified by the
division of charities (department of public welfare) without the
written consent of this division or by commitment of a juvenile
court; and provides that records of such temporary and permanent
surrenders be kept.44
Adoption and child placing effected by maternity homes or by
patients in such homes have been placed under supervision by a
number of statutes. In Ohio maternity homes must keep a record
of children given out for adoption (on the form prescribed by the
State board of health); and a copy of this record is sent to the local
health board. Although in this State the supervision (and licensing)
of maternity homes is a duty of the State board of health any trans
fer of custody of children (aside from juvenile-court commitment)
must be made with the consent of the State department of public
welfare. Thus Ohio undertakes to bring the child under the over
sight of both health and child-caring authorities.45 A difficulty in
the arrangement which places inspection of maternity homes under
only the health department is that the social aspects of the
problem, as distinguished from the health aspects, may not always
receive adequate consideration. In Virginia, which provides for
licensing of maternity homes by the State board of public welfare
and for inspection by that board, the State board of public health,
and the local board of health, no maternity hospital may engage in
child placing. Any child born therein who is destitute must be com
mitted through the proper court to the State board of public welfare
or any agency licensed Tor child placing.48 In Illinois no child from
a maternity hospital may be placed in a family home or adopted
until after investigation and approval of the home by the State
board of public welfare; and Wyoming forbids private individuals,
lying-in homes, hospitals, and “ other unqualified institutions” to
place out children.47 Statutory provision for supervision of child
placing or adoption from maternity hospitals, as well as for the
granting of licenses to such institutions, occurs in the acts of many
States dealing with inspection of child-caring institutions.48
«W isconsin, Stat. 1923, see. 58.03 (1), p . 594.
44For text of laws see Appendix I, pp. 40 (M ass.), 34 (Ohio).
45 Ohio, Gen. Code 1921, secs. 6259, 6266, 6267, pp. 3023-3024. See also Appendix I, p. 34.
« Virginia, act of Mar. 27, 1922, ch. 486, Acts of 1922, pp. 847-849.
«Illinois, Sm ith’s E ev. Stat. 1921, eh. 127, sec. 53, p. 1887 (see also Appendix I, p. 44); Wyoming,
Comp. Stat. 1920, ch. 247, sec. 3903, subdiv. 4, p. 745.
.
«California, Henning’s Gen. Laws, 1920, act 805a, p. 344; Georgia, act of Aug. 19, 1922, N o. 521,
sec 1. Acts and Resolutions of 1922, p. 72; Indiana, Burns’ Annotated Stat. 1914, secs. 3678a (Vol. II), p.
382, and sec. 3678f, p.383; Kansas, R ev. Gen. Stat. 1923, ch. 65, sec. 65-501, p. 1012; sec. 65-504, p. 1013 ¡Illinois,
Sm ith’s Rev. Stat. 1921, ch. 23, secs. 341, 344, p. 186, and ch. 127, sec. 53, p. 1887; N ew Hampshire, Chase’s
Public Stat., Supplement 1913, pp. 161,164,165; North Dakota, act of Mar. 2,1923, ch. 164, Laws of 1923,
p. 165; Tennessee, see A ppendix I, p. 46.

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Not only has child placing from maternity homes and hospitals
frequently taken place without adequate consideration of the welfare
of the child and without supervision by any public authority, but it
was inevitable that such action should lead to offers of collusion, and to
open advertisement of opportunities forsuch disposal of young children.
In this connection a definition of a maternity home may be quoted
from a statute embodying a phrase not found in most of the legisla
tion on this subject: “A house or other place maintained or conducted
for the care and treatment of women during pregnancy and subse
quent to the birth of children, and usually advertised for such work
and the disposition of unwanted children.”49
Recent laws have dealt with the matter of collusion, and especially
of advertising, and the problem has also received attention from State
boards empowered by statute to regulate such institutions. Thus
the Missouri regulations for government of maternity hospitals,
adopted June 8, 1922, direct that “ No maternity hospital shall be
permitted to advertise that it will procure the adoption of children.”
Prohibitions of such advertising may be observed in the legislation
of Georgia, Minnesota, Nebraska, and North Dakota.50 The laws in
Kansas and Ohio seem more far-reaching. Kansas directs that “ no
personal firm, corporation, or association shall offer to adopt, find a
home for, or in any manner offer to dispose of any child as an induce
ment to a woman to come to his or its place during pregnancy, or at or
after delivery; or shall offer such as an inducement to any parent, guard
ian, or custodian of an infant or child to place such infant or child in
his or its home, institution, or establishment.” Ohio also uses the
phrase “ hold out inducements.” 51
CONCLUSIONS

The importance and the complexity of the subject of adoption
legislation have been indicated in the foregoing pages. The tendency
of recent legislation and the standards which are being developed by
those engaged in child-welfare work emphasize as the primary con
sideration the welfare of the child and also provide for safeguarding
the rights of all the parties in interest.
The requirement of notice to the State department of public wel
fare and of investigation and recommendation by the department is
a recognition of the State’s interest in children placed for adoption
and gives the State a method of fulfilling its responsibility toward
the children who have been placed. If the jurisdiction is vested in a
court equipped to make social investigations the law may properly
direct that investigations be made either by the court or by the
State department, but in any case the State department should be
vested with ample supervisory powers covering all aspects of the
placement of children.
The relative advantage of granting jurisdiction to juvenile courts
or to those traditionally connected with matters of probate seems
still an open question, but it is generally agreed that in whatever
«T ennessee, Public Acts of 1917, ch. 120, sec. 4 (Thom pson’s Shannon’s Code 1918, sec. 4436a-65a9).
60 Georgia, Laws of 1922, No. 521, sec. 7; Minnesota, Laws erf 1919, E xtra Session, ch. 50, sec. 3: Nebraska.
Comp. Stat. 1922, secs. 8261-8262; N orth Dakota, Laws of 1923, ch. 164, sec. 10.
61Kansas, Rev. Stat. 1923, ch. 65, sec. 509; Ohio, see Appendix I, p. 35.

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court jurisdiction may be placed, provision for social investigation is
essential.52
In drafting adoption acts the welfare of the child, the rights of
the parents and the possibilities of their assuming the care of the
child under proper conditions, and the rights of the adopting parents
must be borne m mind. Provision for social investigation, for trial
period in the home either before petition is filed or before a final
decree is granted, and for State supervision will safeguard the inter
ests of all the parties. The investigation should include the fitness
of the natural parents to care for the child, the physical and mental
condition and the antecedents of the child with a view to determinr
ing whether he is a proper subject for adoption, and the financial
ability and moral fitness of the adopting parents and general suit
ability of the proposed home.
Among the items in adoption procedure which are of especial
importance with reference to the child’s welfare are those providing
that if the petitioner is married the spouse shall join in the petition,
and those safeguarding records from publicity. The provisions of
the statute with reference to the consent of the parents and the
conditions under which their consent is dispensed with should be
carefully drawn. Where social investigation is required the provision
need not be so specific in its .terms as when no such provision is
made, but surrender of rights by parents otherwise than through a
court proceeding or upon action of a responsible public agency should
not be permitted. Trie law should provide for the consent of the
child if he has reached an age at which his judgment is of value
(probably 12 or 14 years).
Other important points to be considered in connection with adop
tion legislation include provision for appeal, for vacation of order or
annulment for good cause, and for inheritance rights. The statute
should specifically provide that adoption shall establish between the
child ana the adopting parents the legal relationship existing between
parents and their children born in lawful wedlock. Either in the
adoption law or in related laws the transfer of parental rights and
responsibilities without order or decree of court should be prohibited.53
Administration of adoption laws for the welfa e of the child is to a
large extent dependent upon the administration of related laws
governing children’s institutions and the placing of children in
family homes.
m Juvenile-Court Standards; report of the committee appointed by the Children’s Bureau, August, 1921,
to formulate juvenile-court standards, adopted by a conference held under the auspices of the Children's
Bureau and the National Probation Association, Washington, D . C . , M ay 18, 1923, p. 1. U . S. Chil
dren’s Bureau Publication N o. 121. Washington, 1923.
__ . .
, _ . , _ .
53 The TuinitTinm standards for child welfare adopted by the Washington and Regmal.Conferences on
Child Welfare (1919) would permit the transfer of the legal guardianship of a child eitherthrough a court
of proper jurisdiction or w ith the consent of a properly designated State department. U. S. Children s
Bureau Publication N o. 62, p. 13. Washington, 1920.

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APPENDIX I.—SECTIONS FROM RECENT ADOPTION AND
RELATED LAWS OF SELECTED STATES1
MINNESOTA
A d o p t i o n ; p e titio n a n d c o n s e n t. — Any resident of th e S tate m ay petition th e
district court of the county in which he resides for leave to adopt any child not
his own. If the petitioner be m arried the spouse shall join in th e petition All
petitions for the adoption of a child who is a ward or pupil of th e S tate public
school shall be m ade jointly by the person desiring to adopt such child and the
superintendent of the S tate public school. The S tate board of control may
determ ine by resolution th a t the joinder of th e superintendent in th e petition shall
be its consent to the adoption of th e w ard or pupil, as prayed for in th e petition.
A person of full age m ay be adopted. [Gen. Stat. 1913, sec. 7151 as

am ended by Laws of 1917, ch. 222, p. 335.]

In v e s tig a tio n by board o f c o n tr o l— Upon the filing of a petition for th e adoption
of a minor child the court shall notify the S tate board of control. I t shall then
be the duty of the board to verify the allegations of th e petition, to investigate
^ if ?0n(1^ 10i1 a n d antecedents of the child for th e purpose of ascertaining
w hether he is a proper subject for adoption, and to m ake appropriate inquiry
to determ ine w hether the proposed foster home is a suitable home for th e child.
1 he board shall as soon as practicable subm it to the court a full report in writing, w ith a recom m endation as to th e granting of th e petition and any other
inform ation regarding the child or the proposed home which th e court shall
require. No petition shall be granted until the child shall have lived for six
m onths m the proposed home: P r o v id e d , how ever, T h a t such investigation and
period of residence m ay be waived by th e court upon good cause shown, when
satisfied th a t the proposed home and the child are suited to each other [Ibid
sec. 7152, as a m e n d e d by Laws of 1917, ch. 222, p. 335.]
C o n s e n t, w hen n e c e s s a r y — Except as herein provided, no adoption of a minor
shall be perm itted w ithout the consent of his parents, b u t th e consent of a parc n t who has abandoned, the child, or who can not be found, or who is insane
or otherwise incapacitated from giving such consent, or who has lost custody
of th e child through divorce proceedings or the order of a juvenile court, may
be dispensed with, and consent m ay be given by th e guardian, if there be one,
or, it there be no guardian, by the S tate board of control. In case of illegitim acy the consent of the m other alone shall suffice. In all cases where the
child is over fourteen years old his own consent m ust be had also. [Ibid., sec.

7153, as am ended by Laws of 1917, ch. 222, p. 335.]

A o tice o f h ea r in g . When the parents of any minor child are dead or have
abandoned him, and he has no guardian in the State, th e court shall order three
weeks published notice of the hearing on such petition to be given, th e last publi
cation to be a t least ten days before the tim e set therefor. In every such case the
court shall cause such further notice to be given to th e known kindred of the
child as shall appear to be ju st and practicable: P r o v id e d , T h a t if there be no
duly appointed guardian, a parent who has lost custody of a child through
d!7 ° ^ - pr0Ceedings’ and the father of an illegitim ate child who has acknowlu Sii u 1S Paterm ty m writing or against whom p aternity has been duly adjudged
shall be served w ith notice in such m anner as the court shall direct in all cases
where th e residence is known or can be ascertained. [Ibid., sec. 7155 as

am ended by Laws of 1917, ch. 222, p.336.]

D ecree; ch a n g e o f n a m e .— If upon the hearing the court shall be satisfied as to
th e identity and relationship of th e persons concerned, and th a t the petitioners
are able to properly rear and educate the child, and th a t th e petition should be
granted, a decree shall be made and recorded in the office of th e clerk, setting
forth the facts atid ordering th a t from the date thereof th e child shall be the
1 Given in approximately the order of interest in connection with the foregoing analysis.

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MINNESOTA—Continued
child of th e petitioners. If desired, th e court, in and by said decree, m ay change
th e nam e of the child. [Ibid., sec. 7156, as a m e n d e d by Laws of 1917, ch.

222, p. 336.]

S t a t u s o f a d o p ted c h ild . — Upon adoption such child shall become th e legal child
of th e persons adopting him, and they shall become his legal parents, w ith all th e
rights and duties between them of natural parents and legitim ate child. By
virtue of such adoption, he shall inherit from his adopting parents or th eir rel
atives th e same as though he were the legitim ate child of such parents, and
shall not owe his natural parents or their relatives any legal d u ty ; and in case
of his death intestate th e adopting parents and th eir relatives shall inherit his
estate as if they had been his parents and relatives in fact. [Ibid., sec. 7157,

as am ended by Laws of 1917, ch. 222, p. 336.]

A n n u lm e n t . —If w ithin five years after his adoption a child develops feeble
mindedness, epilepsy, insanity, or venereal infection as a result of conditions
existing prior to the adoption, and of which the adopting parents had no knowl
edge or notice, a petition setting forth such facts may be filed w ith th e court
which entered th e decree of adoption, and if such facts are proved th e court
may annul th e adoption and commit the child to th e guardianship of th e S tate
board of control. In every such proceeding it shall be th e d u ty of th e county
attorney to represent th e interests of the child. [Ibid., sec. 7158, as amended

by Laws of 1917, ch. 222, p. 336.]

R eco rd s o f a d o p tio n . —The files and records of the court in adoption proceed
ings shall not be open to inspection or copy by other persons th a n th e parties in
interest and their attorneys and representatives of th e S tate board of control,
except upon an order of the court expressly perm itting th e same. [Ibid., sec.

7159, as am ended by Laws of 1917, ch. 222, p. 337.]

P la c in g o u t; s u r ren d er o f p a ren ta l r ig h ts .- —No person other th a n th e parents or
relatives m ay assume the perm anent cate and custody of a child under fourteen
years of age unless authorized so to do by an order or decree of court. Except
in proceedings for adoption no p aren t m ay assign or otherw ise transfer to
another his rights or duties w ith respect to the perm anent care and custody of his
child under fourteen years of age, and any such transfer hereafter m ade shall be
void. [Laws of 1919, extra session, ch. 51, sec. 2.]
P e n a lty . —E very person who violates any of the provisions of th is act, or who
shall intentionally make any false statem ents or reports to th e board of control
w ith reference to the m atters contained herein, shall, upon conviction of th e
first offense, be guilty of a misdemeanor. A second or subsequent offense shall
be a gross misdemeanor. [Ibid., sec. 9.]
G u a r d ia n s h ip ; a d o p tio n . —In any case where the court shall aw ard a dependent
or neglected child to th e care of the S tate board of control or of any association
or individual in accordance w ith the provisions of this act, th e child shall, u n
less otherwise ordered, become a ward, and be subject to th e guardianship of th e
S tate board of control or of th e association or individual to whose care it is com
m itted; b u t such guardianship shall no t include th e guardianship of any estate
of the child, except as provided in section 17 of this act. Such board, associa
tion, or individual shall have authority to place such child in a fam ily home, w ith
or w ithout indenture, and m ay be m ade p arty to any proceeding for the legal
adoption of the child, and m ay by its or his atto rn ey or agent appear in any
court where such proceedings are pending and consent to such adoption: P r o
v id ed , how ever, T h a t when adoption proceedings for any such child are commenced
in any other court th an the court which originally com m itted such child, then
notice of th e filing of the petition in such adoption proceedings shall be filed in
th e office of the clerk of the court which originally com m itted such child, a t least
th irty days before any final decree of adoption shall be entered. [Laws of 1917,

ch. 397, sec. 12.]
NORTH DAKOTA
A d o p t io n o f m in o r . —Any minor child or adult person m ay be adopted by any
adult person in the cases and subject to th e rules prescribed in this chapter.

[Comp, laws, 1913, sec. 4441, as am ended by Laws of 1919, Special
Session, ch. 1.]

R ela tiv e age lim ite d . — A person adopting a child m ust be a t least ten years
older th a n th e person adopted. [Ibid., sec. 4442.]
C o n s e n t o f h u s b a n d a n d w ife . —A m arried m an not lawfully separated from his
wife can not adopt a child w ithout th e consent of his wife, nor can a m arried

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ADOPTION LAWS IN THE UNITED STATES

woman not th u s separated from her husband w ithout his consent, provided th e
husband or wife not consenting is capable of giving such consent. [Ibid.,

sec. 4443.]

C o n s e n t o f p a r e n ts , g u a r d ia n , or board o f a d m in is tr a tio n . — Except as herein
provided no adoption of a minor child shall be perm itted w ithout th e consent
of its parent or parents, b u t th e consent of a paren t who has abandoned the
child, or who can not be found, or who is insane or otherwise incapacitated from
giving consent, or who has lost custody of the child through divorce proceed
ings or th e order of a juvenile court, m ay be dispensed with, and consent may
be given by th e guardian, if there be one, or if there be no guardian by the
board of adm inistration. In case of illegitimacy th e consent of the m other
shall suffice: P r o v id e d , how ever, T h a t her consent m ay be dispensed w ith for any
of the reasons hereinbefore stated.
W hen th e parents of any minor child are dead, or have abandoned it, and
can not be found, and such child has no duly appointed guardian in th e State,
th e court shall order a hearing, w ith three weekly published notices to be given,
th e last publication to be a t least 10 days before th e tim e set for th e hearing.
In every such case the court shall cause such furth er notice to be given to th e
known kindred of the child as shall appear to be just and practicable: P r o v id e d ,
T h a t if there be no duly appointed guardian, a paren t who has lost custody of
th e child through divorce proceedings, and the fath er of an illegitim ate child
who has acknowledged its p aternity in writing, or against whom p atern ity has
been duly adjudged, shall be served w ith notice in such m anner as th e court shall
direct in all cases where the residence is known or can be ascertained. [Ibid.,

sec. 4444, as am ended by Laws of 1923, ch. 151.]

W h e n c h ild m u s t co n sen t. —The consent of a child, if over th e age of ten years,
is necessary to its adoption. [Ibid., sec. 4445.]
P e t it i o n f o r a d o p tio n ) n o tic e to S ta te board) r e sid en ce re q u ir em e n t before g ra n tin g
p e titio n . —Any person m ay petition th e district court, or county court having

increased jurisdiction, in th e county in which he is a resident, for leave to adopt
a minor child, and if desired for a change of th e child’s name. Such petition
by a person having a husband or wife shall not be granted unless th e husband
or wife joins therein.
Upon th e filing of such petition th e court shall require notice to be sent to the
board of adm inistration, together w ith a copy of the petition so filed. I t shall
th en be th e duty of the board to verify the allegations of th e petition; to inves
tig ate the conditions and antecedents of the child for th e purpose of ascertain
ing w hether he is a proper subject for adoption; and to make proper inquiry to
determ ine w hether th e proposed foster home is a suitable home for th e child.
T he board shall as soon as practicable subm it to the court a full report in w rit
ing w ith a recom m endation as to th e granting of th e petition and any other
inform ation regarding the child or the proposed foster home which th e court
shall require, and no petition shall be granted until th e child shall have lived
for six m onths in the proposed foster hom e: P r o v id e d , how ever: T h a t such inves
tigation and period of residence may be waived by th e court in exceptional cases
upon good cause shown and when th e court is satisfied th a t th e proposed home
and the child are suited to each other: P r o v id e d , T h a t in all such cases th e board
shall receive notice of the filing of the petition and a copy thereof, together w ith
th e order of the court waiving investigation.
The files and records of the court in adoption proceedings shall n ot be open
to inspection or copy by other persons th a n th e parties interested and their
attorneys and representatives of th e board of adm inistration, except upon an
order of th e court expressly perm itting the same. [Ibid., sec. 4446, as

am ended by Laws of 1923, ch. 151.]

P r o c e e d in g s o n h ea r in g ) decree. —If upon th e hearing of th e petition so pre
sented and consented unto as aforesaid, th e court shall be satisfied of th e identity
and relations of th e persons concerned, and th a t th e petitioner is or, in case of hus
band and wife, th a t th e petitioners are of sufficient ability to bring up th e child
and to furnish him suitable nurture and education and th a t it is fit and proper
th a t th e petition for leave to adopt such child be granted, a decree shall be made
setting forth th e facts and ordering th a t from and after th e d ate of th e decree
th e child shall be deemed and taken to be the child of th e petitioner or peti
tioners, and th e court m ay if desired in and by the same decree change th e nam e
of such child. [Ibid., sec. 4447.]
S ta tu s o f a d o p ted c h ild . — The child so adopted shall be deemed, as respects all
legal consequences and incidents of th e natural relation of p aren t and child, the

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NORTH DAKOTA— Continued
child of such parent or parents by adoption the same as if he had been born to
them in lawful wedlock. [Ibid., sec. 4448.]
E ffe c t o f d ecree. — The natural parents of such child shall be deprived by the
decree aforesaid of all legal rights respecting the child and such child shall be
free from all obligations of m aintenance and obedience respecting his natural
parents. [Ibid., ssc. 4449.]
I lle g itim a te c h ild . — The father of an illegitimate child by publicly acknowledg
ing it as his own, receiving it as such w ith the consent of his wife if he is m arried,
into his family, and otherw ise treatin g it as if it was a legitim ate child, thereby
adopts it as such, and such child is thereupon deemed for all purposes legitim ate
from the tim e of its birth. The foregoing provisions of this chapter do not apply
to such an adoption. [Ibid., sec. 4450.]
P o w e r s a n d d u tie s o f board o f a d m in is tr a tio n . —In addition to the other duties
prescribed by law th e board of adm inistration shall have th e following duties
and powers.
*

(b) To investigate th e homes into which children are placed for perm anent
care or adoption and to w ithdraw all such children who are found to be in
unsuitable homes.
(c) To investigate petitions for the adoption of children, as such petitioners
are referred by courts of com petent jurisdiction to th e board, and to report to
such courts as to the suitability of th e home and th e child each to th e other

[Laws of 1923, ch.. 150, sec. 1.]

A s s ig n m e n t o f c h ild r e n p r o h ib ited . — No person, partnership, voluntary associa
tion, or corporation, other th a n the parents or relatives of a child, m ay assume
th e perm anent care and custody of a child under the age of eighteen years unless
authorized so to do by an order or decree of a district court having jurisdiction.
No parent shall assign or otherwise transfer his rights or duties w ith respect to
th e care and custody of his child under eighteen years of age, and any such
transfer or assignment, w ritten or otherwise, hereafter made shall be void:
P r o v id e d , T h at this section shall not affect the right of the p aren t to consent in
w riting to the legal adoption of his child, b u t such w ritten consent shall n ot oper
ate to transfer any right in the child in the absence of a decree by th e district
court. [Laws of 1919, ch. 77, as amended by Laws of 1923, ch. 152, sec.l.]
P e n a lt y .— Any person who violates any of the provisions of this act shall upon
conviction be guilty of a misdemeanor. [Laws of 1923, ch. 152, sec. 3.]

VIRGINIA
A d o p t io n o f m in o r c h ild r e n by a d u lt p e r s o n s . —A resident of this S tate who is not
m arried, or a husband and wife (residents of this State) jointly, m ay petition the
circuit or corporation or hustings court of a city, or th e circuit court of a county,
in which city or county they reside, for leave to adopt a minor child not theirs
by b irth and for a change of th e nam e of such child; b u t a w ritten consent, duly
acknowledged, m ust be given to such adoption by th e child if of th e age of 14
years or over and by each of his or her known living parents, who is not hopelessly
insane or otherwise incapacitated from giving such consent, or who is not h ab it
ually addicted to the use of drugs or of intoxicating liquors, or has n ot abandoned
such child, or has not lost custody of the child through th e order of a court; or
if th e parents are disqualified as aforesaid, then by th e legal guardian, or if there
be no such guardian, then by a discreet and suitable person appointed by th e
court to act in the proceedings as the next friend of such child; b u t if such parents
or guardian join in said petition it shall be deemed such consent in writing.
Upon th e filing of said petition the court shall direct a probation officer or
other officer of th e court, or an agent of the S tate or county or city board of pub
lic welfare, or some other discreet and com petent person, to make a careful and
thorough investigation of th e m a tte r and report his findings in w riting to said
court. The person so directed to m ake such investigation shall m ake inquiry,
among other things, as to—
(1) Why the natural parents, if living, desire to be relieved of th e care, sup
port, and guardianship of such child.
(2) W hether the natural parents have abandoned such child or are morally
unfit to have its custody;
(3) W hether the proposed foster p aren t or parents is or are financially able
and morally fit to have the care, supervision, and training of such child;

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(4)
The physical and m ental condition of such child. F or this purpose, said
investigator m ay secure the opinion of a reputable physician or com petent m en
ta l examiner, if the court is satisfied th a t the natural parents have ju st cause
for desiring to be relieved of th e care, support, and guardianship of said child,
or have abandoned the child, or are morally unfit to retain its custody ; th a t the
petitioning foster parent or parents is or are financially able and morally fit to
have the care, supervision, and training of such child; th a t said child is suitable
for adoption in a private family home, and th a t such change of nam e and
guardianship is for th e best interests of said child, it shall make an interlocutory
order setting forth the facts and declaring th a t from the date of th e final order
of adoption in such case, if such final order be afterw ards entered, as hereinafter
provided, such child, to all legal intents and purposes, will be th e child of the
petitioner or petitioners and th a t its nam e m ay be thereby changed. Such
final order of adoption shall not be granted until the child shall have lived for
one year in the proposed home and shall have been visited during th e said
period a t least once in every three m onths by a probation officer, an agent of
th e S tate or county or city board of public welfare or other person designated
by th e court for the purpose. At any tim e before th e en try of such finai order
of adoption the court may revoke its interlocutory order for good cause, either
of its own motion, or on the motion of the natural parent, or parents of such
child, the original petitioner or petitioners, or the child itself by its next friend;
b u t no such revocation shall be entered unless 10 d ay s’ notice in writing shall
have been given to the original petitioner or petitioners, unless he or th ey make
th e motion or have removed from the S tate nor unless th e original petitioner or
petitioners if residents of th e S tate shall have been given an opportunity to
be heard.
Upon the entry of such final order of adoption th e judge or th e clerk of the
court shall notify the S tate board of public welfare and th e county or city board
of public welfare, if there be one, of the action taken, giving th e names and
addresses of the natural parents, if known, or of the ch ild ’s next of kin, th e age
and the nam e of such child both before and after adoption, an d th e nam es and
addresses of the foster parents. Said boards of public welfare shall likewise be
notified of any subsequent modification or revocation of such order or adoption.
The n atural parents shall, by such final order of adoption, be divested of all
legal rights and obligations in respect to th e child, and th e child shall be free
from all legal obligations of obedience and m aintenance in respect to them ;
such child shall, from and after the en try of th e interlocutory order herein pro
vided for, be, to all intents and purposes, th e child and heir a t law of th e per
son so adopting him or her, unless and until such order is subsequently revoked,
entitled to all the rights and privileges and subject to all th e obligations of a
child of such person begotten in lawful wedlock; b u t on th e decease of such per
son and the subsequent decease of such adopted child w ithout issue, th e prop
erty of such adopting parent still undisposed of shall descend to his or her next
of kin, and not to th e next of kin of such adopted child.
^ At any tim e after the final order of th e court perm itting such adoption and
change of name, the parent or parents of such minor child, th e S tate board of
public welfare, or the child itself, if 2 1 years of age, and if n o t 21 years o age,
then the child by its next friend or th e adopting paren t or parents, m ay peti
tion the court which entered such order of adoption to vacate th e same and
term inate the adoption and restore th e form er name. And th e court shall hear
evidence for and against such petition, and if from such evidence it appears th a t
a term ination of such adoption and restoration of nam e is manifestly right and
proper, and especially if it be for the best interests of th e child, th e court shall
vacate said final order of adoption and change of nam e, and thereupon such
child shall be restored to th e position and nam e which it held before such final
order of adoption. B ut before the court acts upon such petition, 10 d ays’
notice in writing shall be given to the person or persons who h ad been perm itted
to adopt said child, if then residents of the State; and if sa,id petition be filed
by the next friend of said child, or by its parent or parents, and said child be
over fourteen years of age, the court shall require said child to appear before it
and ascertain its wishes in th e m atter, though the court need not be controlled
thereby.
And the court shall see th a t all the property rights of such child, as well as of
the person or persons adopting it, are protected, and m ay make such order as
m ay be proper in the premises so th a t no injustice m ay be done. [Code 1919,

sec. 5333, as am ended by Acts of 1922, ch. 484, p. 839, approved
March 27, 1922.]
*
’ P

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OHIO
W h o m a y p e titio n f o r a d o p tio n o f m in o r c h ild . — Any proper person or a husband
and wife jointly, m ay petition the probate court of th e county in which he or
they have a legal settlem ent, of the county in which th e child resides or of th e
county in which the child had a legal residence when it became a public charge,
for leave to adopt a child and for a change of the nam e of such child. Such
petition for adoption shall specify the name, age and place of residence of the
petitioner of th e child, and the nam e by w h i c h th e child shall be known; w hether
such child is possessed of any property, and th e full description of th e property,
if any; w hether th e child has one or both parents living; in case one or both are
alive, then th e nam e or names and place of residence of such fath er and m other
shall be given unless proven to be unknown to th e petitioner: P r o v id e d , T h at
if such child sought to be adopted is, by previous order of a juvenile court, under
th e legal guardianship and perm anent custody of a S tate board or of an in stitu tion or agency certified by the board of S tate charities for th e care of children,
or has been legally surrendered to th e guardianship of such institution or agency,
then the names of parents shall be om itted from such petition, b u t th e court shall
cause such allegation and the petition to be verified. [G en. Code, sec. 8024, as
am ended by Laws of 1921 (vol. 109), p. 177.]
.
H e a r in g o n p e titio n a n d e x a m in a tio n o f pa rties', a p p o in tm e n t o f n e x t f n e n d who
m a y be d esig n a ted as s u c h . — Upon th e presentation of such petition th e same

shall be filed w ith th e court and the said court shall appoint a day for the hear
ing of said petition and the exam ination, under oath, of th e parties in interest,
n o t less th an 10 nor more th a n 30 days from th e filing of th e petition. I t
shall be a t the option of the court to adjourn the hearing of said petition or the
exam ination of the parties in interest, from tim e to tim e, as th e n atu re of th e
case m ay require. If it shall be necessary, under th® provisions of this act, th a t
a discreet and suitable person shall be appointed as next friend to th e child
sought to be adopted, the court shall make such appointm ent and shall th ere
upon assign a day for the hearing of said petition and exam ination of th e parties
in interest, not less th a n 10 nor more th a n 30 days from th e tim e of appointing
th e next friend. In case there is in the county an in stitu tio n or agency approved
by th e board of S tate charities, such institution or agency may be designated
as next friend and consent be given as indicated in section 8025. Or th e court
m ay order th e board of S tate charities through an authorized representative to
act in such capacity. Such person, institution, agency, or board th u s designated
shall proceed to verify the allegations of the petition, shall make appropriate
inquiry to determ ine w hether the proposed foster parents and their home are
suitable for such child, and w hether such child is a proper subject for adop
tion in such home. If such child is under th e legal guardianship of a S tate
board or of any certified institution or agency, no next friend shall be appointed,
b u t such board, institution, or agency shall prepare th e report required by this
section. As soon as practicable, there shall be subm itted to th e court a full
report in writing, w ith a recom m endation as to th e proposed adoption and any
other inform ation concerning such child or th e proposed home as th e court m ay
require. Upon the day so appointed the court shall proceed to a full hearing
of the petition and the exam ination of the parties in interest^ under oath, w ith
th e right of adjourning the hearing and exam ination from tim e to tim e as the
nature of the case may require. The board of S tate charities shall prepare and
furnish to the probate court a suitable blank for use by persons designated to
make th e report required by this section. [Ibid., sec. 8 0 2 4-1, added by Laws

of 1921 (vol .109), p. 178.1

W r itte n c o n s e n t re q u ir ed . —In any adoption proceedings w ritten consents m ust
be given to such adoption as follows:
(a) By th e child sought to be adopted if more th a n thirteen years of age.
.
(b) By each of the living parents or by the m other of an illegitim ate child,
except as follows:
(c) By the parent or person aw arded the legal custody and guardianship by a
juvenile court because of dependency, or because of th e m ental, moral or other
unfitness of one or both parents: P r o v id e d , T h at such juvenile court approves of
such consent whereupon the jurisdiction of such court over such child shall
C68rS6

(d) By the parent aw arded custody of child by divorce decree, provided the
court which granted such decree approves of such consent, and because of such
approval the jurisdiction of such court over such child shall-thereupon cease.

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(e) By legal guardian of th e person of such child, if parents are dead or their
residence has been unknow n for a t least one year, or if th e parents have, because
of m ental, moral, or other unfitness, been deprived of legal custody and guard
ianship of such child by juvenile court; b u t if there is no guardian and such
child is not the w ard of a S tate board or of a certified institution or agency, a
next friend shall be appointed as hereinbefore provided, to give consent.
(f) If the parent or parents having the legal custody give th e custody of such
child for the full term of its m inority to any institution or agency established
under the laws of the S tate to care for children and under th e approval of the
board of S tate charities, or if such institution or agency, has otherwise legally
acquired the custody and control of such child, the president or secretary of such
in stitution or agency shall file a certified copy of the consent of th e board of
trustees, or of the proper officers authorized by such institution or agency to act
in m atters of adoption; and if such child is a ward of the board of S tate charities
or other S tate board, the secretary of such board shall file a certified copy of th e
consent given in accordance w ith its rules.
All such consents to such adoption shall be acknowledged and witnessed.

|Ibid., sec. 8025, as am ended by Laws of 1921 (vol. 109), p. 178.]

A d o p t io n by s te p -fa th e r or ste p -m o th er. —An in h abitan t of this S tate, th e hus
band of a woman who has a minor child or children by a form er husband, or an
inhabitant of this S tate the wife of a man who has a minor child or children by a
former wife, m ay petition the probate court of his or her proper county for leave
to adopt such minor child or children and, when th e application is m ade by th e
husband alone, or jointly w ith his wife, for a change of th e nam e or names of
such child or children. When each have such minor child or children, th e appli
cation m ay be made jointly by the husband and wife. [Ibid., sec. 8026.]
L a w a p p lic a b le as to co n sen t. — In any adoption in accordance w ith section 8026
th e provisions of section 8025 shall apply in the m a tte r of consent, so far as
applicable. [Ibid., sec. 8027, as am ended by Laws of 1921 (vol. 109),
p. 179.]
H o w c o n sen t o f w ife a s c e r ta in e d . —W hen the petition is filed by th e husband
and wife, th e court shall examine each separate and a p a rt from th e other and
refuse leave for such adoption unless satisfied from the examination th a t each
petitioner of his or her own free will and accord desires it. [Ibid., sec. 8028 as

am ended by Laws of 1921 (vol. 109), p. 179.]

D e c r e e o f a d o p tio n . — If the court, from the testim ony, shall be of th e opinion
th a t th e facts stated in the petition are true, and th a t th e petitioner or peti
tioners are of good moral character and of reputable standing in th e com munity,
and of ability to properly m aintain and educate th e child sought to be adopted,
and th a t the best interests of the child would be prom oted by such adoption
and th a t such child is found to be suitable for adoption, and is satisfied th a t all
the provisions relative to adoption have been complied w ith, th en th e court shall
make a decree reciting th e facts a t length, and th e nam e by which th e child shall
hereafter be known. [Ibid., sec. 8029, as am ended by Laws of 1921 (vol.

109), p. 179.]

R ec o rd o f p e titio n , d ecree , a n d p r o c ee d in g . —The petition, decree, and proceeding
shall be recorded in a book kept for th a t purpose and properly indexed; such
book shall become p art of th e records of the probate court and all reports and
affidavits shall be properly filed. Except when such child is adopted under the
provisions of sections 8026 and 8027, upon such decree of adoption the natural
parents of th e child, if living, shall be divested of all legal rights and obligations
due from them to the child or from the child to th e m ; an d th e child shall be free
from all legal obligations of obedience or otherwise to such parents; and the
adopting parent or parents of the child shall be invested with every legal right
in respect to obedience and m aintenance on the p a rt of th e child as if said child
had been born to them in lawful wedlock; an d th e child shall be invested w ith
every legal right, privilege, obligation, and relation in respect to education, m ain
tenance, and the rights of inheritance to real estate, or to th e distribution of
personal estate on the death of such adopting paren t or parents as if born to
them in lawful wedlock; provided, such child shall not be capable of inheriting
property expressly lim ited to th e heirs of the body of th e adopting p aren t or
parents; and provided also, on th e death of the adopting paren t or parents and
th e subsequent death of the child so adopted w ithout issue, th e property of such
deceased parent or parents shall descend to and be distributed am ong th e next
of kin of said parent or parents and not to the next of kin of the adopted child;
and provided also, if such adopting parent or parents shall have other child or
children, then th e children by b irth and adoption shall, respectively, inherit from

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OHIO— Continued
and through each other as if all had been children of th e same parents-born in
lawful wedlock. N othing in this act shall be construed as debarring a legallyadopted child from inheriting property of its natural parents or other kin.
[Ibid., sec. 8030, as a m e n d e d by Laws of 1921 (vol. 109), p. 179.]
R e s id e n c e i n hom e s i x m o n th s before d ecree. — No decree of adoption shall be
m ade until such child has resided in th e home of th e petitioner for a t least six
m onths, unless th e court for some special reason which shall be entered in the
record deems it best to waive this requirem ent. [Ibid., sec. 8 0 3 0 -1 , a d d e d

by Laws of 1921 (vol. 109), p. 180.]

D e c r e e m a y be a n n u lle d beca u se o f e p ile p s y , fe e b le - m in d e d n e s s , e tc. —If after its
adoption and before it becomes fourteen years of age, a child develops feeble
mindedness. epilepsy, insanity, or venereal disease as a result of conditions exist
ing prior to adoption, and of which th e adopting p aren t had no knowledge or
inform ation, a petition setting forth such conditions m ay be filed in th e court
which entered the decree of adoption, and if such conditions are proved to th e
satisfaction of the court such adoption m ay be declared null and void. The
court shall thereupon make proper disposition of such child by com m itm ent to
an appropriate S tate institution as provided in the laws of Ohio or refer such child
to the juvenile court. [Ibid., sec. 8 0 3 0 -2 , a d d e d by L aw s of 1921 (vol. 109).

p. 180.]

P la c in g o f c h ild i n p u b lic or p riv ate in s t it u t io n . — The

parents, parent, guardian,
or other person or persons having the custody of a child may enter into an agree
m ent w ith any public, semipublic, or private association or institution of this
S tate established for the purposes of aiding, caring for, or placing children in
homes, and which has been approved and certified by th e division of charities,
departm ent of public welfare, placing such child in th e tem porary custody of
such institution or association; or such parent, guardian, or other person m av
make an agreem ent surrendering such child into th e perm anent custody of such
association or institution, to be taken and cared for by such association or
institution, or placed in a family home. Such agreem ents provided for herein
shall be in writing, on forms prescribed and furnished by th e division of charities,
departm ent of public welfare, and may contain any and all proper and legal
stipulations for proper care of th e child, and m ay authorize th e association or
institution when such agreem ents are for perm anent care and custody to appear
in any proceeding for the legal adoption of such child, and consent to its adop
tion as provided in section 8025 of the General Code. The adoption order of
th e judge m ade upon such consent shall be binding upon th e child and its par
ents, guardian, or other person, as if such persons were personally in court and
consented thereto, w hether m ade party to th e proceeding or not. [Ibid., sec.
1352-12, added by Laws of 1923 (vol. 110), p. 265.]
P la c in g o f c h ild r e n u n d e r two y ea rs o f ag e. — No child under two years of age
shall be given into the tem porary or perm anent custody of any person, associa
tion, or institution which is not certified by th e division of charities, departm ent
of public welfare, as provided in sections 1352-1 and 1352-6 of th e G eneral Code
w ithout the w ritten consent of th e division of charities or by a com m itm ent of
a juvenile court: P r o v id e d , Such child m ay be placed tem porarily w ithout such
w ritten consent or court com m itm ent w ith persons related by blood or marriage,
or in a legally licensed boarding home which is n o t established for th e purpose
of placing children in free foster homes or for legal adoption. Persons, associa
tions, and institutions duly certified and licensed under sections 1352-1 and
1352-6 for the purpose of placing children in free foster homes or for legal
adoption, shall keep a record of such tem porary and perm anent surrenders of
children under two years of age. This record shall be available for separate sta
tistics, which shall include a copy of an official birth certificate and all infor
m ation concerning the social, m ental, and medical history of such children which
will aid in an intelligent disposition of them in case that, becomes necessary
because the parents or guardians fail or are unable to reassume custody. No
child placed on a tem porary surrender w ith an association or institution shall
be placed in a free foster home or for legal adoption, and all such surrendered
children who are placed in foster homes or for adoption m ust have been perm a
nently surrendered and a copy of such perm anent surrender m ust be a p a rt of
the separate record kept by th e association or institution. [Ibid., sec. 135 2 -1 3 ,
added by Laws of 1923 (vol. 110), p. 266.]
U n la w fu l to a d v ertise u n le s s w ith a p p ro v a l o f d iv is io n o f c h a r itie s .—It shall be
unlawful for any persons, organizations, hospitals, or associations which have

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not been approved and certified by the division of charities, departm ent of pub
lic welfare, to advertise th a t they will adopt children or place them in foster
homes, or hold out inducem ents to parents to p a rt w ith th eir offspring, or in
any m anner knowingly become a p arty to th e separation of a child from its
parent, parents, or guardians, except through a juvenile court com m itm ent.
[Ibid., sec. 1352-14, a d d e d b y L aw s of 1923 (vol. 110), p. 266.]
P e n a lt y . — W hoever violates any of the provisions of sections 1352-12, or
1352-13, or 1352-14 of th e General Code shall be fined not more th a n $300 or
imprisoned not more th a n three m onths, or both fined and imprisoned. Each act
of violation shall be considered a separate offense and it shall be th e d uty of th e
division of charities, departm ent of public welfare, to enforce th e provisions of
th is act. [Ibid., sec. 1 2 7 8 9 -1 , added b y Laws of 1923 (vol. 110), p. 267.]

NEW MEXICO
A d o p tio n ; ju r is d ic t io n , p e titio n . —D istrict courts are hereby given exclusive
jurisdiction of all applications for the adoption of minor children. Anv resident
of th e S tate m ay petition th e district court for the county in which he resides
for permission to adopt any minor child not his own, using for said application
a form furnished the district court b y the S tate board of public welfare.

[Laws of 1925, act of February 21, 1925, sec. 1.]

In v e s tig a tio n ; tria l p e r io d . — Upon the filing of such petition or application for
th e adoption of a minor child, th e district court shall notify th e S tate board of
public welfare, transm itting to th e board a copy of th e petition or application.
I t shall then be the d u ty of th e board of public welfare to verify th e allegations
of the petition; to investigate the condition and antecedents of th e child, for
the purpose of ascertaining w hether th e child is a proper subject for adoptionand to make appropriate inquiry to determ ine w hether th e proposed foster home
is a suitable one for the child. As soon as practicable after th e receipt from
th e d istrict court of the copies of th e petition and th e notice of filing of the
same, and in any event w ithin six m onths after such notice has been received
by
th e board shall subm it to the court a full report in writing, giving its reasons why the petition should or should not be granted by th e court. The court
m ay place the_ child directly in the proposed foster home for tem porary care,
pendmg investigation by the board of public welfare and prior to th e final
granting of the petition of adoption. No petition shall be finally granted u ntil
th e child shall have lived six m onths in the proposed foster home, nor vet
until the recommendations of the S tate board of public welfare shall have been
received by the district court, provided th a t the six m onths’ period before final
adoption m ay be_ shortened by the district court, b u t only after notice of appli
cation for reduction of tim e shall have been given to th e said board and hearing
thereon had, a t which the said board shall be represented and heard, ilbid

sec. 2.]

’

H e a r in g . —In

the event the board of public welfare shall recommend th e peti
tion be not granted, the court m ay act upon such recom m endation and, w ithout
fu rth er hearing, deny the petition, b u t if the person or persons petitioning shall
request a hearing, then the court shall hold such a hearing. A t such hearing an
authorized representative of th e S tate board of public welfare m ay present th e
views of the board regarding the proposed adoption. [Ibid., sec. 3.]

OREGON
R e g u la tio n o f a d o p t io n s — Any person m ay petition th e county court for
leave to adopt a child and, if desired, for a change of th e child’s name, b u t th e
prayer of such petition by a person having a husband or wife shall n ot be
granted unless the husband or wife join therein. Such petition m ay be filed in
th e,county where the petitioner resides, if a resident of Oregon, or in th e county
where th e parent or guardian resides; or, where the petition is for the adoption
of a child com m itted to any institution incorporated under th e laws of this
S tate th a t cares for dependent or delinquent children, in th e county where such
institution is located. A copy of such petition, together w ith a statem en t con
taining th e full nam es and perm anent address of th e petitioners, shall be served
on the S tate child welfare commission of Oregon by serving th e president or
secretary thereof, by registered mail or by personal service, and no petition or
adoption shall be granted by any court until said commission has been given
tw enty days from the date of filing of such petition in which it m ay file for the
consideration of th e judge before whom th e petition for adoption is pending

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OREGON— Continued
such inform ation regarding th e statu s of the child and evidence as to th e su it
ability of th e proposed foster home as the child welfare commission shall desire
to subm it. [Oreg. Laws 1920, sec. 9766, as a m e n d e d by G e n e ra l Laws of

1921, ch. 215, p. 429.]

C o n s e n t o f p a r e n ts , g u a r d ia n , n e x t o f k in , etc. — T he parents of th e child, or
th e survivor of them , shall, except as herein provided, consent in w riting to
such adoption. If neither p aren t is living, the guardian of th e child, or if there
is no guardian, th e next of kin in this State, m ay give such consent; or if there
is no next of kin, th e court m ay appoint some suitable person to act in th e pro
ceedings as next friend of th e child, and to give or w ithhold such consent: P r o
vid ed , T h a t in case said child is an illegitim ate child, th e consent of th e m other
shall be sufficient, or in case th e m other is dead or unknown, th e provisions
above m entioned applicable in case neither parent is living shall apply; in case
th e legal custody of such child shall have been aw arded in divorce proceedings,
th e consent of th e person to whom such custody has been so ajvarded m ay be
held by the court sufficient, b u t in such case citation to show cause w hy th e
proposed adoption shall not be made shall be served upon th e p aren t of such
child n o t having th e custody in th e m anner provided by law for th e service
of citation in probate m atters, and th e objections of such p arent shall be heard,
if appearance be m ade: P r o v id e d , fu r th e r ] T h a t th e provisions of this section
shall not be so construed as to lim it or qualify th e provisions of section 9829.

[Ibid., sec. 9767.]

E it h e r p a ren t in s a n e , u n d e r s e n te n c e , e tc . —If either p arent is insane or im pris
oned in the S tate prison, under a sentence for a term not less th an three years,
or has willfully deserted and neglected to provide proper care and m aintenance
for th e child for one year next preceding th e tim e of filing th e petition, th e court
shall proceed as if such parent were dead, and in its discretion m ay appoint some
suitable person to act in th e proceedings as next friend of the child, and give or
w ithhold the consent aforesaid. [Ibid., sec. 9768.]
P a r e n t n o t c o n s e n tin g , n o tic e to. —If a paren t does n o t consent to th e adoption
of his child,, the court shall order a copy of the petition and order thereon to be
served on him personally, if found in th e S tate; and if not, a copy of th e order
shall be published once a week for three sucessive weeks in such new spaper
printed in the county as th e court directs, the last publication to be a t least four
weeks before the tim e appointed for th e hearing. Like notice shall also be pub
lished when th e child has no parent living, and no guardian or next of kin in
this S tate. The court m ay order such further notice as it deems necessary or
proper. [Ibid., sec. 9769, as am ended by Gen. Laws of 1923, ch. 203,

p. 292.]

C h ild o f fo u r te e n ; c o n se n t m u s t he o b ta in ed . — If th e child is of th e age of four
teen years or upw ard, th e adoption shall n o t be made w ithout his consent.

[Ibid, sec. 9770.]

D e c ree o f a d o p tio n ; w hen m a d e a n d e ffe c t .—If, upon such petition so presented
and consented to, th e court is satisfied of th e iden tity and. relations of th e per
sons. and th a t the petitioner is of sufficient ability to bring up th e child and fur
nish suitable n u rtu re and education, having reference to the degree and condi
tion of the parents, and th a t it is fit and proper th a t such adoption should tak e
effect, a decree shall be m ade setting forth th e facts and ordering th a t from th e
d ate of the decree th e child shall, to all legal in ten ts and purposes, be th e child
of the petitioner. [Ibid., sec. 9771.]
A d o p te d c h ild ta k es by in h e r ita n c e ; e x c e p tio n . — A child so adopted shall be
deemed, for th e purposes of inheritance of such child and all other legal conse
quences and incidents of the natural- relation of parents and children, th e child
of the parents bv adoption, th e same as if he had been born to them by lawful
wedlock; except th a t he shall not be capable of taking property expressly lim
ited to th e heirs of the body or bodies of the p aren t by adoption, nor property
from th e lineal or collateral kindred of such parents by right of representation.

[Ibid., sec. 9772.]

A d o p t io n ter m in a te s re la tio n o f p a r e n t a n d c h ild . — T he

parents of such child shall
be deprived by the same of all legal rights as respects th e child, and th e child shall
be freed from all obligations of m aintenance and obedience as respects his parents.

[Ibid., sec. 9773.]

A p p e a ls ; by w hom m a y be ta k en . —A ny petitioner m ay appeal to th e circuit court
from th e decree of th e county court on such petition, in like m anner as appeals
may be taken from the other decrees of th a t court; and any child made th e subject

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ADOPTION DAWS IN THE UNITED STATES

of such petition may, by a next friend, appeal in like m anner; b u t no bond shall
he required or costs awarded against such child or next friend. [Ib id ., sec.
9774.]
W h e n p a ren t m a y a p p e a l; pow er o f c ir c u it co u rt. — A p aren t who has n o t before
th e hearing upon a petition for the adoption of his child, had personal notice
thereof, may, a t any tim e w ithin one year after actual notice, apply to th e cir
cuit court to reverse the decree; said court, after due notice, m ay in its discre
tion reverse the same if it appears th a t any of the m aterial allegations in the
petition were not true. [Ibid., sec. 9775.]
C h a n g e o f a d op ted c h ild ’ s n a m e. — If in a petition for th e adoption of a child a
change of th e child’s nam e is requested, th e court upon decreeing th e adoption
m ay also decree such change of name, and grant a certificate thereof, w ithout the
notices required by the preceding section. [Ibid., sec. 9778.]
G u a r d ia n s h ip ; d e lin q u e n t a n d d ep en d e n t c h ild r e n . —In any case where th e court
shall aw ard a child to the care of any association or individual in accordance
w ith th e provisions of this act, the child shall, unless otherwise ordered, become
a w a rd , and be subject to the guardianship of the association or individual to
whose care it is com mitted. Such association or individual shall have th e au
th o rity to place such child in a family home, w ith or w ithout indenture, and m ay
be m ade p arty to any proceeding for th e legal adoption of th e child, and may
by its or his attorney or agent appear in any court where such proceedings are
pending and assent to such adoption, and such assent shall be sufficient to au
thorize th e court to enter the proper order or decree of adoption. Such guardi
anship shall not include the guardianship of any estate of th e child. [Ib id .,
sec. 9827.]
G u a r d ia n s h ip o f d e p e n d e n t a n d d e lin q u e n t c h ild r e n . — G uardianship and consent
to adoption for dependent and delinquent children shall be held or given as follows:
Incorporated private child-caring agencies, societies, or institutions, duly licensed
under the provisions of this act, shall be th e guardians of th e persons of all depend
en t or delinquent children com m itted to them through perm anent orders by courts
of com petent jurisdiction. T hey m ay retain such children in institutional care
or m ay place them in private family homes, either tem porarily or as members
of families; and, where they deem such action proper and desirable, m ay consent
in loco parentis to the legal adoption of such wards. [Ib id ., sec. 98 2 8 .]
R e le a s e a n d s u r ren d er o f d e p e n d e n t c h ild r e n . —Such agencies, societies, or insti
tutions m ay receive needy or dependent children from their parents or legal
guardians for special, tem porary, or continued care; and th e parents or guardians
may sign releases or surrenders giving to such organizations guardianship and
control of th e persons of such children during th e period of such care, which
m ay be extended until th e children arrive a t legal age: P r o v id e d , how ever, T h at
such releases are understood not to surrender the rights of such parents or
guardians in respect to the adoption of such children, and do n o t entitle such
organization to give consent to the adoption of said children unless such release
or surrender expressly recites th a t it is given for the purpose of adoption, and
th a t any entire severance of family ties by adoption or otherwise be accom
plished only by the order of a court of com petent jurisdiction: A n d p rovid ed
fu r th e r , T h a t it shall be unlawful to present a child surrendered to an agency,
society, or institution, by a p aren t or parents or a guardian, for a court to pass
upon the adoption of said child, until a t least six m onths have elapsed after
signing of said surrender. P arents or legal guardians of children whom they
have by releases or surrender agreem ents given into th e guardianship of incor
porated child-caring organizations subsequent to such action m ay waive th eir
right to personal appearance in court in m atters of the adoption of said children
and file their appearance and consent by a duly signed and attested certificate,
which the court shall recognize as a valid basis for judicial consent in such cases,
in which event said child-caring organizations m ay use th e release or surrender
as provided in section 9829 w ithout the necessity of said six m onths period hav
ing expired, [Ibid., sec. 9829.]
C o n s e n t o f p r iv a te a g en cy, s o c ie ty , how g iv e n . —In the adoption of a ward of a
private agency, society, or institution, to give formal consent to such adoption,
it shall be required th a t such organization shall file w ith th e clerk of th e court
in which th e adoption proceedings are pending two docum ents, as follows: (1) A
certified copy of an order of a court of com petent jurisdiction formally and per
m anently assigning the child to its guardianship, or, for th e inform ation of the
court, a copy of a w ritten surrender from a p aren t or parents or a guardian; and
w ritten formal consent by the organization to th e proposed adoption, which
consent shall show th a t sufficient and satisfactory investigation of th e adopting

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ORE GO N—C ontinued
parties has been made, and which consent shall recommend th a t th e petition for
adoption be granted. [Ibid., sec. 9830.]
J u d g e m a y give c o n s e n t to a d o p tio n o f f o u n d lin g s . — W hen foundlings or other
abandoned children, whose parentage is unknown and who have not been
assigned' by a perm anent court order to any child-caring organization, are pre
sented for adoption, th e judge having com petent jurisdiction in th e county of
the residence of the parties desiring to adopt, or th e judge in^ the county where
are located th e headquarters or institution of th e society or institution having
th e child in care, m ay record his consent to the adoption in loco parentis. The
court consenting to and consummating the adoption of any foundling, abandoned,
or illegitim ate child, a t his discretion, m ay require th a t all papers relating to
th e personal history of such child or its family history, if any is of record, be
sealed and filed in th e county archives, to be unsealed only on judicial order.
[Ibid., sec. 9831.]
MASSACHUSETTS
W h e n a d o p tio n p er m itted . — A person of full age may petition th e probate court
in th e county where he resides for leave to adopt as his child another person
younger th a n himself, unless such other person is his or her wife or husband, or
brother, sister, uncle, or au n t of th e whole or half blood. If th e petitioner
has a husband or wife living com petent to join in the petition, such husband or
wife shall join therein, and upon adoption th e child shall in law be th e child of
both. If a person not an inhab itan t of this com monwealth desires to adopt a
child residing here, the petition m ay be made to th e probate co u it in th e county
where th e child resides. [G en. L aw s 1 921, ch . 2 1 0 , sec. 1.]
# '•
W r it t e n co n sen t o f ce r ta in p er so n s re q u ir ed . — A decree for such adoption shall
n ot be made, except as hereinafter provided, w ithout th e w ritten consent of the
child, if above the age of fourteen; of her husband, if she is a m arried w oman; of
th e lawful parents or surviving parent; of th e paren t having th e lawful custody
of the child, if the parents are divorced or are living separately; of th e guardian
of the child, if any; of the m other only of th e child, if illegitim ate; or of th e person
substituted for any of the above nam ed by this chapter. Illegitim acy shall in no
case be expressly averred upon the record. A person whose consent is hereby
required shall n o t thereby be debarred from being th e adopting parent. If th e
child has been previously adopted, the consent of th e previous adopting p arent
shall also be required. [Ibid., sec. 2.]
.
.
C o n s e n t n o t req u ir ed i n c er ta in ca ses. — The consent of th e persons nam ed in the
preceding section, other th an the child or her husband, if an y , shall n o t be required
if the person to be adopted is of full age, nor shall th e consent of any such person
other th a n th e child be required if such person is adjudged by th e court hearing
the petition to be hopelessly insane, or is imprisoned in th e S tate prison or in a
house of correction in this Com monwealth under sentence for a term of which
more th a n three years rem ain unexpired a t the d ate of th e petition; or if he
has willfully deserted and neglected to provide proper care and m aintenance
for such child for two years la st preceding th e date of the petition; or if he has
suffered such child to be supported for more th a n two years continuously prior
to th e petition by an incorporated charitable institu tio n or as a pauper by a
town or by the com m onw ealth; or if he has been sentenced to im prisonm ent for
drunkenness upon a th ird conviction w ithin one year and neglects to provide
proper care and m aintenace for such child j or if such person has been convicted
of being a common nightw alker or a lewd, w anton, and lascivious person, and
neglects to provide proper care and m aintenance for such child. A giving up in
w riting of a child, for th e purpose of adoption, to an incorporated charitable
institution shall operate as a consent to any adoption subsequently approved by
such institution. Notice of the petition shall be given to the d epartm ent of
public welfare, if the child is supported as a pauper by a town or by th e Common
wealth, and if the child is supported by a town, notice shall also be given to th e
overseers of th e poor thereof, and in Boston said notice shall be given both to
the overseers of the poor and to the trustees for children., [Ibid., sec. 3.]
N o tic e . — If the w ritten consent required by th e tw o preceding sections is n o t
subm itted to th e court w ith th e petition, th e court shall order notice by personal
service on th e parties of a copy of th e petition and order thereon, or, if they are
n ot found w ithin this Com monwealth, by publication of th e petition and order
once in each of three successive weeks in such newspaper as th e court orders,
th e last publication to be seven days a t least before th e tim e appointed for th e

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hearing, and th e court m ay require additional notice an d consent. B u t if such
child is of unknow n parentage and is a foundling, publication as herein set forth
shall not be required; b u t notice of the petition shall be given to th e dep art
m ent of public welfare. [Ibid., sec. 4.]
P ro c e e d in g s u p o n f a ilu r e to object a fte r n o tice. —If, after such notice, a person
whose consent is required does not appear and object to th e adoption, th e court
m ay act upon the petition w ithout his consent, subject to his right of appeal,
or it may appoint a guardian ad litem w ith power to give or w ithhold consent
[Ib id ., sec. 5.]
D ecree o f c o u rt a n d i t s effect .— If the court is satisfied of th e identity and rela
tions of the persons, and th a t the petitioner is of sufficient ability to bring up
th e child and provide suitable support and education for it, and th a t th e child
should be adopted, it shall m ake a decree, by which, except as regards succession
to property, all rights, duties, and other legal consequences of th e natural relation
of child and parent shall thereafter exist between the child and th e petitioner
and his kindred, and such rights, duties and legal consequences shall, except as
regards marriage, incest, or cohabitation, term inate between th e child so adopted
and his natural parents and kindred or any previous adopting p aren t; b u t such
decree shall not place th e adopting parent or adopted child in any relation to
any person, except each other, different from th a t before existing as regards m ar
iage» or as regards rape, incest, or other sexual crime com m itted by either or
both. T he court m ay also decree such change of name as th e petitioner m ay
request. If the person so adopted is of full age, he shall not be freed by such
decree from th e obligations imposed by section 6 of chapter 117 an d section 20
of chapter 273. [Ibid.,- sec. 6 .]
R ig h ts o f a d o p te d c h ild a s to su c c e ssio n to p r o p e r t y .— A person adopted in
accordance w ith this chapter shall tak e the same share of th e property which
th e adopting parent could dispose of by will as he would have taken if born to
such parent in lawful wedlock, and he shall stand in regard to th e legal descend
ants, b u t to no other of the kindred of such adopting parent, in the same posi
tion as if so born to him. If th e person adopted dies intestate, his property
acquired by himself or by gift or inheritance from his adopting parent or from
th e kindred of such p aren t shall be distributed according to chapters 190 and
196 am ong the persons who would have been his kindred if he had been born to
his adopting parent in lawful wedlock; and property received by gift or inheri
tance from his natural parents or kindred shall be distributed in th e same m an
ner as if no ac t of adoption had taken place. The apportionm ent and distribution shail be ascertained by the court. A person shall not by adoption lose his
rig h t to inherit from his natural parents or kindred. [Ib id ., sec. 7.]
R ig h ts o f a d o p te d c h ild u n d e r w ills , tru st, e tc .— The word “ child,” or its equiva
lent, in a grant, tru st settlem ent, entail, devise, or bequest shall include a child
adopted by th e settler, grantor, or te sta to r unless the contrary plainly appears
by th e term s of the instrum ent; b u t if the settlor, grantor, or te sta to r is not
himself the adopting parent, the child by adoption shall n o t have, under such
instrum ent, th e rights of a child born in lawful wedlock to th e adopting parent,
unless it plainly appears to have been the intention of th e settlor, grantor, or
te sta to r to include an adopted child. [Ibid., sec. 8 .]
R ig h ts i n th is C o m m o n w ea lth o f the c h ild a d o p te d i n a n o th er S ta te .— An inhabitanother State, adopted as a child in accordance w ith the laws thereof,
shall upon proof of such fact be entitled in this Commonwealth to the same
rights of succession to property as he would have had in th e S tate where he was
adopted, except so far as such rights are in conflict w ith this chapter. [Ib id
sec. 9.J
’’
E ffe ct o f seco n d a d o p tio n .— If th e child has been previously adopted, all th e
legal consequences of the former decree shall, upon a subsequent adoption, determ m e, except so far as any interest in property m ay have vested in th e adopted
child, and a decree to th a t effect shall be entered on th e records of th e court
[Ibid., sec. 10.]
A p p e a ls .— The supreme judicial court may allow a p arent, who, upon a petition for adoption, had no personal notice of the proceedings before th e decree,
to appeal therefrom within one year after actual notice thereof, if he first makes
oath th a t he was not, a t the tim e of filing such petition, undergoing imprison
m ent as specified in section three, or th a t, if so imprisoned, he has since been
pardoned on the ground of innocence or has had his sentence reversed. [Ibid,
sec. 1 1 .]
’
P e titio n s f o r a change o f n a m e .—A petition for th e change of nam e of a person
m ay be heard by th e probate court in th e county where th e petitioner resides.

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MASSACHUSETTS—Continued
No change of th e nam e of a person, except upon th e adoption of a child under
this chapter or upon th e m arriage or divorce of a woman, shall be lawful unless
made by said court for a sufficient reason consistent w ith public interest. [Ib id .,

sec. 12.]

N o tic e a n d c er tifica te. — The court shall, before decreeing a change of name,
require public notice of th e petition to be given, and any person m ay be heard
thereon. I t shall also require public notice to be given of th e change decreed,
and on retu rn of proof thereof m ay grant a certificate under th e seal of the
court of th e nam e which th e person is to bear, which shall thereafter be his legal
name. [Ibid., sec. 13.]
A n n u a l r e tu r n o f ch a n g es. — Each register of prob ate shall annually, in Decem
ber, m ake a return to the S tate secretary of all changes of nam es m ade in his
court. [Ibid., sec. 14.]
In v e s tig a tio n s i n c e r ta in p rob a te p r o cee d in g s . — Any judge of a probate court
may appoint a guardian ad litem to investigate th e facts in any proceeding
pending in said court relating to or involving questions as to th e care, custody,
or m aintenance of minor children and as to any m a tte r involving domestic
relations except those for the investigation of which provision is m ade by sec
tion 16 of chapter 208. Said guardian ad litem shall, before final decree in
such proceeding, report in writing to the court th e results of th e investigation,
and such report shall be open to inspection to all th e parties in such proceeding
or their attorneys. The com pensation shall be fixed by th e court and shall be
paid by th e county where the proceeding is held, together w ith any expenses
approved by th e court, upon certificate by the judge to th e county treasurer.
The S tate police, local police, and probation officers shall assist th e guardian ad
litem so appointed, upon his request. [Ibid., ch. 215, sec. 56A, added by
Acts and Resolves of 1923, ch. 432.]
A d o p t io n o f in f a n t s . — W hoever receives an infant under two years of age for
adoption or for giving it a home, or for procuring a home for adoption for it,
shall before receiving the same, ascertain its nam e, age, and birthplace, and th e
nam e and residence of its parents, and shall keep a record of th e same and of
th e date of such reception. He shall forthw ith, upon th e reception of said
infant, give w ritten notice thereof to the departm ent, and upon its request shall
give inform ation and render reports required by it concerning such infant, and
w ithin two days after its discharge shall give w ritten notice to th e d epartm ent
of th e discharge and disposal of such infant. The d epartm ent m ay investigate
the case, and a t any tim e prior to a decree of adoption tak e any such infant
into its custody if in- its judgm ent public interest and th e protection of th e
infant so require. [Ibid., ch. 119, sec 14.]
N o tic e to d ep a rtm en t before c h ild is p la c ed o u t. — A child shall n ot be adopted
or placed in charge of any person from a S tate institution until notice of an
application therefor has been given to the departm en t and un til its w ritten
report, m ade after investigation into the propriety thereof, has been filed w ith
such institution. All applications for th e release or discharge of any children
so placed in charge shall in like m anner be given to th e d epartm ent for its
report. [Ibid., ch. 121, sec. 18.]

NEW YORK
D e fin itio n s ; effect o f a r tic le . —Adoption is th e legal act whereby an ad u lt per
son takes another ad u lt person or a minor into th e relation of child and thereby
acquires th e rights and incurs th e responsibilities of parent in respect to such
ad u lt or minor. H ereafter in this article the person adopting is designated th e
“ foster paren t.” A voluntary adoption is any other th a n th a t of a d estitu te and
dependent child, or one who is a public charge from an “ authorized agency,”
orphan asylum, or charitable institution. “ Lawful custody ”, in this article shall
m ean “ custody ” pursuant to and in compliance w ith expressed provisions of
sta tu te law.
,
.r.
An adult unm arried person, or an ad u lt husband and his ad u lt wife together,
m ay adopt a person of the age of tw enty-one years and upw ard or a minor in
pursuance of this article ,2 and a child shall not hereafter be adopted except iD
pursuance thereof. Proof of th e lawful adoption of a person of the.age of tw enty2B y an amendment in 1925 the following is inserted: “ And an adult husband or an adult wife m ay also
adopt a natural child of the other spouse of the age of twenty-one years and upward, or a minor, in pur
suance of this article.” (Laws of 1925, ch. 608, sec. 1.)

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one years and upw ard or a minor heretofore made m ay be received in evidence,
and any such adoption shall not be abrogated by the enactm ent of this chapter
and shall have the effect of an adoption hereunder. N othing in this article in
regard to an adopted child inheriting from the foster p aren t applies to any will,
devise, or tru st m ade or created before June 25, 1873, or alters, changes, or
interferes w ith such will, devise, or tru st; and as to any such will, devise, or
tru st, a child adopted before th a t date is not an heir so as to alter estates or
tru sts or devises in wills so m ade or created; .and nothing in this article in regard
to an ad u lt adopted p ursuant hereto inheriting from th e foster p aren t applies
to any will, devise, or tru st, m ade or created before April 22, 1915, alters, changes,
or interferes w ith such will, devise, or tru st, and as to any such will, devise, or
tru st, an adult so adopted is not an heir so as to alter estates or tru sts' or
devises in wills so m ade or created. [Domestic R e la tio n s Law, sec. 110,

as am ended by Laws of 1924, ch. 323.]

W h o se c o n se n t n e c e s sa ry .— Consent to adoption is necessary as follows: 1 . Of
th e minor, if over twelve years of age;
2. Of th e foster p are n t’s husband or wife, unless lawfully separated or unless
they jointly adopt such minor;
3. Of the parents or surviving parent of a legitim ate child; and of th e m other
of an illegitim ate child, b u t the consent of a parent who has abandoned th e child,
or is deprived of civil rights, or divorced because of his or her adultery, or who
is insane as defined by th e insanity law or judicially declared incom petent or
who is a m ental defective as defined by th e m ental deficiency law, or adjudged
to be an habitual drunkard, or judicially deprived of th e custody of th e child on
account of cruelty or neglect, is unnecessary; excepting, however, th a t where
such parents are divorced because of his or her adultery, notice shall be given to
both the parents personally or in such m anner as m ay be directed by a judge of
a court of com petent jurisdiction.
4. Of a person of full age haying lawful custody of th e child, if any such
person can be found, where th e child has no father or m other living, or no father
or m other whose consent is necessary under the la st subdivision. If such child
has no father or m other living, and no person can be found who has th e lawful
custody of th e child, the judge or surrogate shall recite such facts in th e order
allowing the adoption.
5. W here a minor to be adopted is of th e age of eighteen years or upward,
th e judge or surrogate may direct, in his discretion, th a t th e consent of the
persons referred to in the preceding subdivisions of this section shall be waived,
if, in his opinion, the m oral or tem poral interests of such minor will be prom oted
thereby and such consents can not, for any reason, be obtained. W here the
person to be adopted is of the age of tw enty-one years and upward, th e consents
of the persons referred to in the preceding subdivisions of this section shall not
be required. [Ibid., sec. I l l , as am ended by Laws of 1924, ch. 323.]
R e q u is ite s o f v o lu n ta r y a d o p tio n .—In adoption the following requirem ents m ust
be followed:
1. The foster parents or parent, the person to be adopted, and all th e persons
whose consent is necessary under th e last section, m ust appear before th e chil
dren’s court judge, county judge, or the suirogate of th e county where the foster
parent or parents reside, or if the foster parents or parent do n ot reside in this
State, in the county where the minor resides, and be examined by such judge
or surrogate, except as provided by th e next subdivision.
2. T hey m ust present to such judge or surrogate a verified instrum ent con
taining substantially the consents required by this chapter, an agreem ent on th e
p art of th e foster parents or parent to adopt and tre a t th e minor as his, or her,
or th eir own lawful child, and a statem ent of the date and place of b irth of th e
person to be adopted, as nearly as th e same can be ascertained, th e religious
faith of the parents and of th e child, th e m anner in which th e foster parents ob
tained th e child, which statem ent shall be taken prim a facie as true. If a change
in th e nam e of the minor is desired, such instrum ent m ay also state th e new
nam e by which the minor shall be known. The instrum ent m ust be signed by
the foster parents or parent and by each person whose consent is necessary to
the adoption, and severally acknowledged by said persons before such judge or
surrogate . 3 In all cases where th e consents of th e persons m entioned in sub• B y an amendment in 1925 the following is inserted: “ B ut where the consent of a parent or person
whose consent is necessary to the adoption is duly acknowledged and certified as conveyances are required
to be certified to entitle them to record in this state, such judge or surrogate m ay grant the order of adop
tion without the personal appearance of such person or persons so executing such consent or consents.”
(Laws of 1925, ch. 607.)

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NEW YORK—Continued

divisions 1 , 2 , 3 , and 4 of section 1 1 1 have been waived as provided in subdivi
sion 5 of such section, or where the person to be adopted is of th e age of tw entyone years or upward, notice of such application shall be served upon such persons
as the judge or surrogate m ay direct.
....
3 W here the child to be adopted is under sixteen years of age, th e petition
m ust show th a t th e child to be adopted resided continuously w ith th e foster parents a t least six m onths prior to th e date of petition. In th e discretion of the
judge or surrogate, a child m ay be adopted when th e period of residence is less
th a n six m onths upon his certifying in th e order th e necessity of such adoption.
4: Before any adoption shall be made the court shall make or cause to be made
an investigation by some person or agency specifically designated by th e court
to verify the allegations set forth in the instrum ent and such other facts relating
to the child and foster parents as will give th e court full knowledge as to the
desirability of confirming the adoption. A w ritten rep o rt containing th e results
of such investigation shall be subm itted before th e adoption is granted. [Ibid.,
sec. 112, as a m e n d e d by L aw s of 1924, ch. 323.]
O rd er. —If satisfied th a t the moral and tem poral interests of th e person to be
adopted will be prom oted thereby, th e judge or surrogate m ust make an order
allowing and confirming such adoption and directing th a t th e person to be
adopted shall henceforth be regarded and treated in all respects as th e child of
th e foster parent or parents. If th e judge or surrogate is also satisfied th a t there
is no reasonable objection to the change of nam e proposed, th e order m ust also
direct th a t the nam e of th e minor be changed to such nam e as shall have been
designated in the instrum ent m entioned in the last section. Such order m ust
be filed and recorded in th e office of th e county clerk of such county and shall
be open to the public. The fact of illegitimacy shall in no case appear upon the
record. The w ritten report of the investigation, together w ith all other papers
pertaining to th e adoption, shall be kept by th e judge or surrogate as a perm a
nent record of his court, which m ay be sealed by him in his discretion and w ith
held from inspection by a proper order. No person shall be allowed access to
such sealed records except upon an order of a court of record, and such order
shall not be granted except on good cause shown. [Ibid., sec. 113, as

am ended by Laws of 1924, ch. 323.]

A d o p t io n f r o m c h a r ita b le in s t i t u t io n s or a n a u th o r iz ed a g en cy . — An orphan asy
lum or charitable institution, incorporated for th e care of orphan, friendless, or destibute children or an authorized agency m ay place children for adoption. The
adoption shall be effected in th e same m anner as provided heretofore m relation
to voluntary adoptions by the execution of an instrum ent containing substan
tially th e same provisions as the instrum ent provided in this article for volun
tary adoption, signed and sealed in the corporate nam e of such corporation or
authorized agency by the officer or officers authorized in w riting by th e director
thereof to sign th e corporate nam e of such institu tio n or authorized agency to
such instrum ents, and signed by th e foster parent or parents and each person whose
consent is necessary to th e adoption; and m ay be signed by th e child if over
twelve years of age; all of whom shall appear before th e children s court judge,
county judge, or surrogate of the county where such foster parents reside or, if
such foster parents do not reside in this State, in th e county where such institution
or authorized agency is located, and be examined except th a t such officers need
n ot appear. In granting letters of adoption the court m ust, when practicable,
only give custody through adoption to persons of th e same religious faith as th a t
of the child in accordance w ith article 16 of th e S tate charities law; and such
judge or surrogate m ay thereupon make th e order of adoption provided by this
article. Such instrum ent and order shall be filed and recorded in th e same
m anner as provided heretofore in relation to voluntary adoptions and th e
adoption shall tak e effect from the tim e of such filing and recording. [Ib id .,

sec. 115, as am ended by Laws of 1924, ch. 323.]

A b r o g a tio n o f a d o p tio n fr o m a c h a r ita b le in s t it u t io n or a n a u th o r iz ed a g en cy .—

An authorized agency or/and any institution or corporation which shall have been
a p arty to the agreem ent by which a child was adopted, or/and a minor who shall
have been adopted in pursuance of this chapter or of any act repealed thereby,
from an authorized agency or/and an orphan asylum or charitable institution,
or/and any person on the“ behalf of such child, may make an application to th e

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children’s court judge, county judge, or the surrogate’s court of th e county in
which the foster parent then resides, or, if the foster paren t resides w ithout th e State,
where the original papers of adoption are on file, or where th e n atu ral p arent or
parents or persons whose consent would be necessary to an original adoption
reside, for the abrogation of such adoption, on th e ground of cruelty, misusage,
refusal of necessary provisions or clothing, or inability to support, m aintain, or
educate such child, or a tte m p t to or actually change or fail to safeguard th e re
ligion of such child, or of any violation of d uty on the p art of such foster parent
tow ard such child; which application shall be by a petition setting forth the
grounds thereof, and verified by the person or by some officer of the corpora
tion or authorized agency making the same. A citation shall thereon be issued
by such judge or surrogate, in or out of such court, requiring such foster p arent
to show cause why the application should not be granted. The provisions of
th e civil practice act and the surrogate’s court practice relating to th e issuing,
contents, tim e, and m anner of service of citations issued out of a surrogate’s
court, and to the hearing on the retu rn thereof, and to enforcing th e attendance
of witnesses, and to all proceedings thereon, and to appeal from decrees of sur
rogates’ courts, not inconsistent w ith this chapter, shall apply to such citation
and to all proceedings thereon. Such judge or court shall have power to order
or compel the production of the person of such minor. If on th e proofs made
before him, on the hearing on such citation, the judge or surrogate shall deter
mine th a t either of the grounds for such application exists, and that- th e interests
of such child will be prom oted by granting the application,.; and th a t such foster
p arent has justly forfeited his right to the custody and services of such minor,
an order shall be made and entered abrogating the adoption, and thereon the
statu s of such child shall be the same as if no proceedings h ad been had for the
adoption thereof.
A fter one such petition against a foster parent has been denied, a citation on
a subsequent petition against th e same foster parent m ay be issued or refused
in th e discretion of th e judge or surrogate to whom such subsequent petition
shall be made. [Ibid., sec. 117, a s a m e n d e d b y L aw s of 1 9 2 4 , ch. 323.]
A b r o g a tio n by f o s te r p a re n t o f su ch a d o p tio n .— A foster p aren t who shall have
adopted a minor in pursuance of this chapter or of any act repealed thereby,
from an authorized agency, orphan asylum, or charitable institution, m ay apply
to th e children’s court judge, county judge, or surrogate’s court of th e county in
which such foster parent resides, or, if th e foster p aren t resides w ithout th e
S tate, where the original papers of adoption are on file, or where th e natural
p aren t or parents or persons whose consent would be necessary to an original
adoption reside, for the abrogation of such adoption on th e ground of th e willful
desertion of such Child from such foster parent, or of any misdemeanor or ill behav
ior of such child, which application shall be by petition, stating th e grounds th ere
of, and the substance of the agreem ent of adoption, and shall be verified by th e
petitioner; and thereon a citation shall be issued by such judge or surrogate in or
o u t of such court, directed to such child, and to the authorized agency or/and cor
poration which was a p arty to such adoption, or, if such corporation or agency does
not then exist, to the board, commission, of official charged w ith th e jurisdiction
of the poor of such county, requiring them to show cause why such petition
should not be granted. Unless such agency or/and corporation shall appear on
th e return of such citation, before the hearing thereon shall proceed, a special
guardian shall be appointed by such judge or court to protect th e interests of
such child in such proceeding, and the foster paren t shall pay to such special
guardian such sum as th e court shall direct for the purpose of paying th e fees
and th e necessary disbursem ents in preparing for and contesting such application
on behalf of the child. If such judge or surrogate shall determine, on th e proofs
m ade before him, on the hearing of such citation, th a t th e child has violated his
d uty tow ard such foster parent, and th a t due regard to th e interests of both
require th a t such adoption be abrogated, an order shall be m ade an d entered
accordingly; and such judge or court m ay m ake any disposition of th e child as
and in a new proceeding. If such judge or surrogate shall otherwise determ ine,
an order shall be made and entered denying th e petition. [Ibid., sec. 118, as
a m e n d e d by L aw s of 1924, ch. 323.]

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ILLINOIS
H e a r in g ; d ecree. — On default of answer of all th e defendants, th e court shall
proceed to hear evidence, and if th e court shall find th a t ( 1 ) the parents or
surviving parent of a legitim ate child or th e m other of an illegitimate child, or
if the child has no parent living, the guardian, if any, of th e child, or if there is no
parent living and th e child has no guardian or th e guardian is n ot known to
petitioner, then a near relative of the child, if any there be, consents to the
adoption; or (2 ) th a t one parent consents and the oth er is unfit for any of the
reasons hereinafter specified to have the child, or th a t b o th parents are, or th a t
the surviving parent or th e m other of an illegitim ate child is so unfit for any
o such reasons—th e grounds of unfitness being (a) depravity, (b) open and
notorious adultery or fornication, (c) habitual drunkenness for th e space of one
year prior to th e filing of the petition, (d) extreme and repeated cruelty to the
child, (e) abandonm ent of the child, or (f) desertion of th e child for more th an
six m onths next preceding the filing of the petitio n ; or (3) th a t th e person or
persons whose consent is required, has been deprived of th e custody of such child
by a court of com petent jurisdiction, and such court in th e order appointing a
guardian over the person of the child has authorized such guardian to consent to
the adoption of such child w ithout notice to or assent by th e parents, and
th a t such guardian consents to such adoption, and if th e court further finds
th a t th e facts stated in the petition are true, and th a t th e petitioner is of sufficient
ability to bring up th e child and furnish suitable nurture and education, and
th a t it is fit and proper and for th e best interest of the child th a t such adoption
should be made, a decree shall be made, setting forth the facts and ordering th a t
from th e date of the decree the child shall, to all legal in ten ts and purposes, be
th e child of the petitioner or petitioners, and m ay decree th a t th e nam e of the
child be changed according to the prayer of the petition. [ S m ith ’s Rev. S ta t.
1921, ch. 4, sec. 3.]
I n v e s tig a tio n a n d a p p r o v a l. — No child from such m atern ity or lying-in hospital
shall be placed in a family home, or be legally adopted until such home shall
have been investigated and approved by the S tate Board of Adm inistration.

[Ibid., ch. 23, sec. 343.]
MICHIGAN
A p p l i c a n t f o r c h ild m u s t be a p p ro v ed by c o u n ty agent, etc. — No child shall be
indentured, adopted, or otherwise placed in charge of any person by any S tate
institution during m inority, or for any other period, unless the applicant for any
child shall be first approved in w riting by said agent for the county where the
applicant resides, or by th e S tate agent of the S tate institution to which th e
child belongs, in such form as may be prescribed by th e board of such institution.
Such approval shall be filed w ith the superintendent of th e S tate in stitu tio n to
which the application is made before th e child shall be indentured or adopted.

[Comp. Laws 1915, sec. 1993.]

W r itte n a p p ro v a l o f i n s t it u t io n re q u ir ed f o r p la cem en t, e tc. — Any child found
to be dependent, neglected or delinquent under this act shall n ot be indentured,
apprenticed, or otherwise disposed of, except as is herein provided, and in no
case shall any child under the age of seventeen years be placed in any home by
indenture, apprenticeship, adoption, or on trial by any person, corporation, or
institution, w ithout th e w ritten approval of the home where th e child is so
placed by th e county agent of th e county being filed w ith th e probate judge of
th e said county. [Ibid., sec. 2021.]
C o n s e n t re q u ir ed . —Such adoption and, in case a change of nam e is desired,
such change of nam e shall be w ith th e consent of th e persons hereinafter
described, viz.:
1 . In case the parents of such child, or either of them , are living, th en w ith
the consent of such parents or the survivor of them .
2. In case said child be illegitimate, then w ith th e consent of its m other;
and if such m other be a minor, then w ith the additional consent of a guardian
ad litem to be appointed for her by th e judge of probate in th e county where
such proceedings are pending.
3. In case such child is an orphan, th en w ith th e consent of th e nearest of
kin or guardian of such child, or of th e principal officer of any incorporated

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society, asylum, hospital or home to which said child m ay have been duly com
m itted by a court of com petent jurisdiction.
4. In case the parents or surviving parent of such child, or th e m other, if
such child be illegitimate, has or have surrendered and released in w riting, duly
executed and acknowledged before the judge of probate or a register of th e
probate court of th e county in which said parents reside or m ay be, all his, her,
o r th eir parental rights in and to such child, and th e custody and control
thereof, to an incorporated society, asylum, hospital, or home, of which such
child m ay be an inm ate, for th e purpose of enabling such incorporated society,
asylum, hospital, or home to have such child adopted by some suitable person,
and its nam e changed when a change is desired, and th e child m ade an heir a t
law under th e provisions of this chapter, then w ith th e consent of th e principal
officer of such incorporated society, asylum, hospital, or home, and th e afore
mentioned release executed by the parent or parents, as aforesaid, to said
society, asylum, hospital or home, shall be filed w ith th e instrum ent of adoption
in th e probate court. T he effect of th e surrender and release as herein provided
shall be fully explained by th e judge of probate or probate register to th e
paren t or parents executing same.
5. In case said child is legally an inm ate of th e S tate public school then w ith
the consent of the superintendent of such school and th e county agent of th e
S tate welfare commission for th e county wherein th e person adopting such child
resides.
6. In case said child shall have been com m itted by an order of a court of
com petent jurisdiction to th e care of any incorporated society, asylum, hospital,
or home, em bracing in its objects the purpose of caring for or obtaining homes
for dependent or neglected children, which has been duly licensed and approved
by th e S tate welfare commission, then with th e consent of th e principal officer
of such society, asylum, hospital, or home.
7. In any case heretofore described, if sucn child be over th e age of ten years,
then w ith th e additional consent of such child.
8. In case any person herein designated as a parent w ith whose consent such
adoption or change of nam e is desired shall be insane or m entally incom petent,
then such adoption or change of nam e shall be w ith th e consent of th e general
guardian of such insane or m entally incom petent parent, and such consent of the
general guardian shall have th e same force and effect as if m ade by th e insane or
m entally incom petent person while in sound mind. [Ibid., sec. 14139, as

am ended by Public Acts of 1923, No. 70, sec. 2, p. 94.]

A c k n o w le d g m e n t .— The execution of such instrum ent shall be acknowledged by
th e person or persons so signing th e same before an officer authorized by law to
tak e acknowledgments, and thereupon th e same shall be presented to and filed
w ith th e judge of probate of th e county where such person or persons adopting
such child reside. [Ibid., sec. 14141, as am ended by Public Acts of 1923,

No. 70, sec. 4, p. 96.]

I n v e s tig a tio n b y c o u n ty a g e n t .— Such judge of probate w ith whom such instru
m ent is filed shall thereupon direct a full exam ination and investigation by th e
county agent of said county or a duly appointed probation officer of said court,
who shall file a report in w riting of his findings w ith such judge of probate; and
if such judge of probate from an exam ination of said report, and after due con
sideration of said m atter, shall satisfy himself as to ( 1 ) th e genuineness of consent
to such adoption and the legal authority of th e person or persons signing such
consent, (2 ) the good moral character, ability to support and educate such child,
and th e suitableness of the home of the person or persons adopting such child, and
(3) th a t th e best interests of such child will be subserved by such adoption, he
shall m ake an order to be entered on th e journal of th e probate court th a t such
person or persons do stand in th e place of a parent or parents to such child, and
in case a change of nam e is desired, th a t th e nam e of such child be changed to
such nam e as shall be designated in said instrum ent for th a t purpose. W here
upon such child shall, in case of a change of name, thereafter be known and called
by said new name, and the person or persons so adopting such child shall thereupon
stan d in the place of a parent or parents to such child in law, and be liable to all
th e duties and entitled to all the rights of parents thereto, and such child shall
thereupon become and be an heir a t law of such person or persons, th e same as
if he or she were in fact the child of such person or persons. [Ibid., sec. 14142,

as am ended by Public Acts of 1923, No. 70, sec. 5, p. 96.]

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W ISCONSIN
A d o p t io n o f c h i l d ; c o n s e n t , w ho to give; n o tic e o f h e a r in g . — No such adoption
shall be m ade w ithout the w ritten consent of th e living parents of such child
unless th e court shall find th a t one of the paren ts has abandoned th e child or
gone to p arts unknown, when such consent m ay be given by th e parent, if any,
having th e care of th e child. In cases where neither of th e parents is living, or
if living are unknown or m entally incom petent or have abandoned th e child,
such consent m ay be given by th e guardian of such child, if any. If such child
has no guardian such consent m ay be given by any of th e next of kin of such
child residing in this S tate or, in the discretion of th e court, by some suitable
person to be appointed by th e court. In case of a child not born in lawful
wedlock such consent m ay be given by th e m other, if she is living and has not
abandoned such child: P r o v id e d , T h a t unless the living paren t or parents of a
minor consent to such adoption it shall be the d u ty of th e court having juris
diction of the proceedings, upon the filing of any petition for adoption, by
order to appoint a tim e and place for hearing such petition and cause notice of
such tim e and place to be given to such parent or parents, by personal service
of said notice on such parent or parents a t least ten days before th e hearing or,
if to the satisfaction of th e court personal service can not be obtained, by
publication thereof in a newspaper in th e county a t least three weeks succes
sively prior to said hearing, and when notice is duly given as herein provided
the parent of any minor shall be bound by th e order of adoption as fully as
though he had consented thereto. And in case such child has ai'rived a t th e
age of tw enty-one years such consent m ay be given by such child alone, and
th e consent of no other person in behalf of such child shall be required.
[ S ta tu te s of 1923, ch. 150, sec. 4022.]
A c t i o n to test a d o p tio n ; lim ita tio n . —Any person having th e au th o rity or right
to question th e validity of any adoption heretofore m ade in good faith on th e
p a rt of th e persons adopting any child, p ursuant to section 4022, shall bring any
action of proceeding therefor to vacate or nullify th e same, in th e court in which
such adoption was had, w ithin one year from the taking effect of this section or
be forever barred from questioning such adoption proceeding, provided th a t
this shall apply only in case of illegitim ate or abandoned children. [Ibid.,
sec. 4022a.]

TENN ESSEE
A d o p t i o n fr o m in s tit u t io n ; r e q u is ite s o f. — In the adoption of a ward of a private
agency, society, or institution, to give formal and legal consent to such adoption,
it shall be required th a t such organization shall file w ith the proper official of th e
county in which the parties desiring to adopt the child reside a copy of th e order
of a judge formally assigning th e child to its guardianship, a w ritten statem en t
of indorsem ent of the adopting parties after sufficient and satisfactory investi
gation and form al consent to the proposed adoption; or in cases where the agency,
society, or institution has received th e child on a w ritten release or agreem ent
signed by the natural parents or legal guardian, th e duly recorded consent of a
judge of a court of com petent jurisdiction shall precede th e completion of articles
of adoption for any such child or children.
P arents or legal guardians of children whom they have by releases or agree
m ents assigned to the guardianship of child-caring agencies, societies, or in stitu
tions m ay waive their right to personal appearance in court in m atters of
adoption and file their appearance and consent by a duly signed and attested
certificate, which shall be a valid basis for judicial consent in such cases; and
when such parental or guardian’s certificate can n ot be obtained th e judge m ust
base his decision upon th e best evidence available. W hen foundlings or other
abandoned Children whose parentage is unknow n, and who have n ot been
assigned by court order to a child-caring organization, are presented for adoption,
the judge having proper jurisdiction in the county of th e residence of th e parties
desiring to adopt m ay record his consent in loco parentis. The judge consenting
to and consum m ating the adoption of any foundling, abandoned, or illegitim ate
child, a t his discretion, m ay require th a t all papers relating to th e personal his
tory of such child or family history, if any is of record, be sealed and filed in th e
county archives, to be unsealed only by judicial order. [Thompson’s Shannon’s

Code 1918, sec. 4 4 3 6 a -6 5 a lô , p. 1899e (Public Acts of 1917, ch. 120, sec.
5, subsecs. 3, 4).]

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VERMONT
atlA0 n ~ ^ A probat® c° u r t>. before accepting an instrum ent of adoption
and.record> may, o n its discretion, make an investigation of th e c o n attending th e proposed adoption and m ay require the
«in>1Po5 ie +-deSinS f i ° . filtLan m strum ent of adoption to prove th e suitability of
such adoption. S tate s attorneys, grand jurors, overseers of th e poor, and selecti-™ U^ ^ P° nf recju®sf .of a lodge of the probate court before which an adoption is pending, furnish him a w ritten report of the conditions and circumstances
d irti> n ?a r TfSJff
pr?POS+®d adoptl°n residing w ithin th eir respective jurisSSf $
/ te r l i t i g a t i o n or hearing, the court disapproves of such adoption, it m ay refuse to file and record the instrum ent of adoption and th e same
shall be of no force and effect. [Law s of 1923, No. 00, sec 5 1
* tm e °* d o in g in to e^eci.— The adoption of a m inor shall n o t become final until
one year after th e date of th e filing of th e instrum ent of adoption in th e probate
court wjier» it is required to be filed, during which tim e th e adoption shall be a
^fPeHd l+-g be-f 0fi? 5 nd ^ d h m th e control of th e court in which th e instru
m ent of adoption is filed, and such adoption m ay be vacated and annulled, for
cause shown, during said term of one year, b u t until such adoption has been
canceled or annulled it shall be of full force an^ effect in respect to th e rights
of th e parties to the instrum ent of adoption. [Ibid., sec. 7 .]
B
f nJ * \ \ » ty

NEW JERSEY
C o n sen t n e c essa ry to give n o tic e f o r a d o p tin g c h ild .— Any parent, guardian, or
person having the custody or control of any m inor child or children who desires
to otter through th e m edium of th e public press to surrender custody and control
of such child or children to any person or persons whatsoever, for th e purpose
of indenture or adoption, shall, before m aking such public offer, notify th e com
missioner of charities and corrections of this S tate of such intention and secure
from him his consent and approval in w riting; and any such parent, guardian
or person who shall fail to comply w ith this requirem ent shall be deemed guilty
of cruelty and neglect of children ” and liable under the act to which this is a
supplem ent to the penalty therein specified: P r o v id e d , how ever, T h a t this sup
plem ent shall not apply to the New Jersey S tate Board of Children’s G uardians
^ r y+C
vM d ren 8 borne or orphan asylum or children’s aid society incorporated
r deQ
r+tbe
this S tate and indorsed by the commissioner of charities of
this S tate. [Law s of 1 9 2 0 , ch. 180, p. 3 6 6 , ap p ro v e d A p ril 15, 1920.]

MISSOURI
P r o h ib itin g tra n s fe r o f c u s to d y o f c h ild .— No

person shall surrender control or
custody of a child or transfer th e control or custody of a child to another
and no person shall take possession or charge of a child so transferred, w ithout
+ w ng ? rSt filed a Petl,tl0n before a juvenile court having jurisdiction, praying
th a t such surrender or transfer m ay be made, and having obtained such an order
from such juvende court, approving or ordering transfer of custody. Any person
violating the term s of this section shall be guilty of a misdemeanor and shall be
« fi™h,?fd
im prisonm ent m th e county jail not less th a n three m onths or by
1 9 1 9 ^ h n °l 1GMC^TlOS0] '°* ^ bcdb such fine and im prisonm ent. [Rev. S ta t.

MARYLAND
* P l.acem ent o f c h ild ren u n d e r 6 m o n th s o f age.— I t shall be unlawful to separate
a cv,d<i H j der
age
Slx mo.nths from its m other for the purpose of placing
uch child m a foster home or institution for the maintenance of such child or
to assist or participate m such separation, or to place, receive, or retain any child
in a foster home or institution for th e m aintenance of such child, or to assist or
participate m so placing, receiving, or retaining such child, unless it be necnrS? W f«n AhenPi J ®lcalgood of th ? m other or of such child th a t th ey be separated
w M d be ? laceA received, or retained in a foster home or institution
i? aio+®+anf e ° f su.ch child, and two physicians, qualified to practice medi° f M arylaad’ and y b o shall have been engaged in active practice
tor a t least five years, shall have signed a certificate setting out th e reasons for
such necessity, or unless a court of com petent jurisdiction shall have so ordered
or unless w ithin the discretion of th e board of S tate aid and charities such sepai9 1 °6 c h n 2 1 0 ase c a 4 8 4 a p 4° ^

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giV6S ^ w ritten consent thereto.

[Law s of

ADOPTION LAWS IN THE UNITED STATES

NORTH CAROLINA
S e p a r a tin g c h ild u n d e r 6 m o n th s o ld fr o m m o ther. — I t shall be unlawful for any
person to separate or aid in separating any child under six m onths old from its
m other for th e purpose of placing such child in a foster home or institution, or
w ith th e in te n t to remove it from th e S tate for such purpose, unless th e consent
in w riting for such separation shall have been obtained from th e clerk of th e
superior court and the county health officer of th e county in which th e m other
resides, or of th e county in which th e child was born; and it shall be unlawful
for any m other to surrender her child for such purpose w ithout first haying
obtained such consent. Any person violating this section shall, upon conviction,
be fined not exceeding $500 or imprisoned for one year, or both, in th e discretion
of th e court. [C o n so lid a te d S ta t. 1 9 1 9 , ch . 82, sec. 44 4 5 .]

SOUTH CAROLINA
P la c e m e n t o f in f a n t s . —All private individuals, including midwives, physicians,
nurses, and hospitals and the officers of all private institutions, as well as agen
cies and organizations, who shall remove a child w ithin six m onths after its b irth
from its natural m other shall report to th e child-placing bureau [of th e S tate
board of public welfare] th e names and addresses of th e parents of th e child and
nam es and addresses of the persons w ith whom said child is left, unless th e per
son removing said child from its n atural m other knows of his or her own knowl
edge th a t said child was born in wedlock and was n ot rem oved from its m other
because of imm oral surroundings. [Laws of 1 9 2 4 , No. 7 2 8 , sec. 7, p. 1191.]
P e n a lt y . —Any person who shall violate any of th e provisions of this act, or
who shall make any false statem ents or reports to th e child-placing bureau w ith
reference to the m atters contained herein, and any p aren t or guardian or person
receiving a child who shall give a false nam e or address to th e _child-placing
bureau shall upon conviction, be guilty of a misdemeanor. [Ib id ., sec. 8 , p.

1 ^That th e provisions of this act shall not apply to persons related by blood or
marriage to such children w ithin the sixth degree. [Ib id ., sec. 8 % , P- 1192.]

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APPENDIX II
OUTLINE FOR STUDY OF ADOPTION LAWS AND ADMINISTRATION
. 'Th® following outline is presented for the use of persons and organizations
interested m analyzing and studying th e adoption law of their own S tate and
its adm inistration:

1. JURISDICTION.

As to kind of court.
As to locality.
P etitioner’s residence.
Child’s residence.
In stitu tio n in which child cared for.
2 . WHO MAY ADOPT.
Any reputable resident of State.
Person of specified age.
Younger person.
3. W HO MAY BE A D O PT E D .
Minor only.
O ther person.
4. P E T IT IO N .
Who may petition.
Jo in t action of husband and wife m andatory or discretionary
w ith co u rt.
'
«
Consent of husband or wife when action not joint.
Provision if husband or wife under 21 years.

Contents of petition.

N am e of child, sex, age, date of birth.
N am e of petitioner, sex, age, address.
N am e by which child is to be known.
Name and address of parents of child, if. living and known to peti
tioner; date and place of death of paren ts if dead.
N am e and address of m other of illegitim ate child.
Name and address of fath er (if patern ity established or acknowledged
by father and he has regularly supported).

Description of child’s property.

5. C O N SE N T O F PA R E N T S.
B oth parents (if living) of legitim ate child.
M other of illegitimate child.
F ath er of illegitimate child (if p atern ity established or acknowledged or
if he has supported).

Exceptions.

W hen parent—

Insane (so declared by competent authority).
Feeble-minded (so declared by com petent authority) i
H abitually intem perate.

Drug addict.
Abandoned or willfully deserted child.

Neglected to provide for specified period.
Left child dependent on public relief (tim e n ot stated ).
C an not be located.
D eprived of custody or civil rights.

Serving sentence in State prison.
Found to be unfit.

If child is foundling
«

°ÏLthe record when consent is dispensed with.

6 . CO N SEN T OF O TH ER S T H A N PA R E N T S.

G uardian, next friend, or guardian ad litem.

Public official or public or private child-caring organization.
49

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ADOPTION LAWS IN THE UNITED STATES

C O N SE N T OF C H IL D .
Aged 12 years.
Aged 14 years.
Objection of child over 10 years considered.
8 C O N SEN T R E C O R D E D ON P E T IT IO N .
9. IN V E ST IG A T IO N .
N otice of petition sent to —
S tate board of public welfare.
C ounty board.
Other.
Investigation by—
P robation officer.
O ther court official.
N ext friend.
Child-placing agency.
Other.
Points covered in th e investigation.
Allegations in th e petition.
H istory and condition of child.
Reasons found for separation from parents, if living.
Age, character, financial condition of adopting parents.
S uitability of proposed home.
R eport of investigation to court in writing
W hether required.
W hen made.
C ontains recommendation.
Copy filed w ith th e petition.
D uplicate sent to '—
S ta te board of public welfare.
C ounty board.
Other.
10. N O TIC E.
Persons served.
. . .
Those whose consent is necessary b u t who have n o t consented m
writing.
P aren t who has lost custody or civil rights.
F ath e r of child born out of wedlock if p atern ity established or he has
acknowledged paternity and supported, if residence known.
Known kindred.
Degree of relationship.
Service by publication.
Place of publication.
Time required.
11. T R IA L P E R IO D IN A D O PT IN G H O M E.
*
Before decree.
L ength of period.
A fter filing petition.
L ength of period.
K ind of supervision.
1 2 . H E A R IN G A N D D E C R E E .
^
Admission of evidence for grounds of dispensing w ith consent of parents
who fail to consent.
Admission of evidence on other grounds for dispensing w ith p arental con
sent.
W h e t h e r decree is im m ediately recorded in th e office of th e clerk setting
fo rth facts if, upon hearing, th e court is satisfied on all grounds.
Presence of parents required in court.
Presence of adopting parents required.
Provision for adopting parents and n atu ra l parents to appear a t different
tim es.
Presence of child required.
£*
13. STATUS.
Child adopted becomes legal child of person adopting.
Liability of adopting parents for support.
Provisions w ith reference to inheritance.

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ADOPTION LAWS IN THE UNITED STATES

14. A N N U L M E N T .
Tim e w ithin which adoption m ay be annulled.
Conditions under which annulled.
Persons m aking application for annulm ent.
15. REC O R D S.
Open to inspection of—
Parties in interest.
T heir attorneys an d representatives.
S tate board of public welfare.
Others.
Inspection forbidden by order of court.
Records sealed by order of court.
Inform ation on th e records.
Name of child, age, date, decree, identifying inform ation concerning
persons adopting, inform ation concerning n atu ral parents.
W hether term “ illegitim ate ” appears on th e records.
W hether phrase “ child of single w om an” used.
Copy of record sent by clerk—
To locality where child’s b irth is recorded, if place known.
To registrar of vital statistics of county in which adoption takes
place.

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Full text of Adoption Laws in the United States : A Summary of the Development of Adoption Legislation and Significant Features of Adoption Statutes, with the Text of Selected Laws, Bureau Publication No. 148

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