Who May Adopt

Any reputable person can petition Circuit or County Court for leave to adopt a child or to change a child's name. (See sections 2 and 6 for form of petition, rights of child, parent, etc).

R. S., ch. 4, sec. 1.

Sec. 3.

What Court Must Find

A decree for adoption shall be made when the court shall find that (1) the parents or surviving parent of a legitimate child, or the mother of an illegitimate child, or, if the child has no parent living, the guardian, if any, or if there is also no guardian known to petitioner, then a near relative of the child, if any there be, consents to the adoption; or that (2) one parent consents and that the other is unfit for any reasons hereinafter specified to have the child, or that both parents are, or that the surviving parent or that the mother of an illegitimate child is, so unfit for any of such reasons - the grounds of unfitness being (a) depravity, (b) open and notorious adultery or fornication, (c) habitual drunkenness for the space of one year prior to the filing of the petition, (d) extreme and repeated cruelty to the child, (e) abandonment of the child, or (f) desertion of the child for more than six months next preceding the filing of the petition; or that (3) the person or persons whose consent is required has been deprived of the custody of such child by a court and such court in appointing a guardian has authorized such guardian to consent to the adoption of such child without notice to or assent by the parents, and that such guardian consents to the adoption; that the petitioner is of sufficient ability to bring up the child and furnish suitable nurture and education and that it is fit and proper and for the best interest of the child that such adoption should be made.

Sec. 4.

When Consent Of Child Is Necessary

If the child is over 14 years of age, adoption shall not be made without his consent.

Sec. 5.

Rights Of Child Adopted

An adopted child shall be deemed for the purposes of inheritance by such child, and other legal consequences of the natural relation of parents and children, the child of the parents by adoption; except such child may not take property expressly limited to the bodies of the parents by adoption.

Effect As To Natural Parents

The natural parents of the adopted child shall be deprived, by the decree, of all legal rights, as respects the child, and the child shall be freed from all obligations of maintenance and obedience as respects such parents.

Sec. 8.