The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1858-05-20
LAWS OF IOWA.
PUBLISHED BY AUTHORITY.
Chapter 81.

AN ACT to authorize and regulate the adop.
ton of children.
SECTION 1. BE il enacted by the General
Assembly of the State Of Iowa. Any person
comprten. to make will is authorized in
manner hereinafter set forth. TO adopt as hi.
own. the minor child of another, confeirins
thereby upon such child all the rights, privil
eyes. and responsibilities which would pertain
to the child. If born TO the person adopting ir
lawful wedlock.
81. w order thereto, the consent of botf
parents, if living md not divorced or seperat
ed. or If unmarried. the consent Of the paren
lawfully having the care, and providing fol
the wants Of the child, or if either parent i:
dead, then the consent of the survivor; or il
both parents be dead, or the child shall have
been and remain abandoned by them, then the
consent Of the mayor Of the ct,- where the
child is living. or il not in city, then of a
county Judge Of the courty where the child is
living. shall be given TO such adoption, by ar
instrument IN writing. signed by the parties OF
party consenting, and stating the names Of th@
III
known, the name Of the person adopting such
child, and the residence of all if known, and
declaring the name by which such child is
given TO the person adopting, for the purpose
Of adoption as his own child.
SO. Such instrument in writing shall be
also signed by the person adopting. and shall
be acknowledged by all the parties thereto in
the same manner as deeds affecting real estate
all required to be acknowledged. provided
that when both parents Of the child execute
the same. the mother shall be examined apart
from her husband, by the officer taking the
same, and he shall certify whether or not she
executed the same freely and without compul-
sion or undue influence Of her husband, and il
not the instrument shall not be valid; and when
duly acknowledged, the same shall be recorded
in The county where the person adopting re-
sides in the office, and with the record Of deeds
Of real estate. and shall be indexed with the
name of the parent by adoption as grantor,
and the child "a granted in its original name
if stated in the instrument.
A. Upon the execution, acknowledgment
and record of snch instrument. the rights. du-
ties and relations between the parent and child
by adontion shall thereafter in al! respects in
cluding the right of inheritance. be the same
that exists BY law between parent and child
by lawful birth.
5. Tn case of mal-treatment committed or
allowed by the adopted parent. or palpable
tpe Jrt, ~ ocl n 4
the custody thereof may be taken from lin
and entrusted to another at his expense if so
ordered by the court. and the same proceed.
ings may be had therefor so far az applicable
as are authorized by law in such case in the
relation of master and apprentice, or the court
NAV, on showing of the facts. require from
the adopted parent, bond with security. in ,
sum to be fixed by him. the county being the
obligee. and for the benefit of the child, con-
diioned for the proper treatment and perfor-
nance of duty toward the child, on The part
of the parent; provided, that no action of the
court or Judge in the premises shall affect or
diminish the acquired right Of inheritance on
the part of the child. TO the extent of such
right in natural child of lawful birth.
s g. This act to take effect and be in force
from and after its publication in the Iowa Cit
izen aud Iowa State Journal.
STEPHEN B. SHELLEDY.
Speaker of the House of Representatives.
ORAN FAVILLE,
President of the Senate.
Approved March 14'h. 1858.
RALPH p. LOWE.
Office of Secretary Of State,
Des Moines, March 14,h, 1858.
hereby certify that the foregoing is true
copy from the original roll on file in nv office.
ELIJAH SELLS.
Secretary of State.