Adoption;
petition and consent.—Any resident of the State may petition
the district court of the county in which he resides for leave to
adopt any child not his own. If the petitioner be married the spouse
shall join in the petition. All petitions for the adoption of a
child who is a ward or pupil of the State public school shall be
made jointly by the person desiring to adopt such child and the
superintendent of the State public school. . . .
Investigation by board of control.—Upon the filing
of a petition for the adoption of a minor child the court shall
notify the State board of control. It shall then be the duty of
the board to verify the allegations of the petition, to investigate
the condition and antecedents of the child for the purpose of ascertaining
whether he is a proper subject for adoption, and to make appropriate
inquiry to determine whether the proposed foster home is a suitable
home for the child. The board shall as soon as practicable submit
to the court a full report in writing, with a recommendation as
to the granting of the petition and any other information regarding
the child or the proposed home which the court shall require. No
petition shall be granted until the child shall have lived for six
months in the proposed home: Provided, however, That such
investigation and period of residence may be waived by the court
upon good cause shown, when satisfied that the proposed home and
the child are suited to each other.
Consent, when necessary.—Except as herein provided,
no adoption of a minor shall be permitted without the consent of
his parents, but the consent of a parent 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 the child through
divorce proceedings or the order of a juvenile court, may be dispensed
with, and consent may be given by the guardian, if there be one,
or, if there be no guardian, by the State board of control. In case
of illegitimacy, the consent of the mother alone shall suffice.
In all cases where the child is over fourteen years old his own
consent must be had also. . . .
Decree; change of name.—If upon the hearing the
court shall be satisfied as to the identity and relationship of
the persons concerned, and that the petitioners are able to properly
rear and educate the child, and that the petition should be granted,
a decree shall be made and recorded in the office of the clerk,
setting forth the facts and ordering that from the date thereof
the child shall be the child of the petitioners. If desired, the
court, in and by said decree, may change the name of the child.
Status of adopted child.—Upon adoption such child
shall become the legal child of the persons adopting him, and they
shall become his legal parents, with all the rights and duties between
them of natural parents and legitimate child. By virtue of such
adoption, he shall inherit from his adopting parents or their relatives
the same as though he were the legitimate child of such parents,
and shall not owe his natural parents or their relatives any legal
duty; and in case of his death intestate the adopting parents and
their relatives shall inherit his estate as if they had been his
parents and relatives in fact.
Annulment.—If within 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 knowledge or notice, a
petition setting forth such facts may be filed with the court which
entered the decree of adoption, and if such facts are proved the
court may annul the adoption and commit the child to the guardianship
of the State board of control. In every such proceeding it shall
be the duty of the county attorney to represent the interests of
the child.
Records of adoption.—The files and records of the
court in adoption proceedings shall not be open to inspection or
copy by other persons than the parties in interest and their attorneys
and representatives of the State board of control, except upon an
order of the court expressly permitting the same.
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