New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-12-09
ADOPTING CHILDREN.

THE MISTAKES WHICH LEAD FOSTER-PARENIS lNio
LEGAL DIFFICULTIES.
The adoption of children by married persons
who are childless ia common occurrence In tms CITY
Not only orphan waits picked by such persons hVhg
inNewY but frequently wealthy people nom the eoh
try will to this city in search OF such orphans OF oes
ute children whom they may adopt and rear as II they
their offspring. Errors are frequently maze as
to the rights and responsibilities that devove upon TINS
relation The child is sometimes taken In this way "In
out any knowledge on the part the foster parents OF te
legal requirements necessary to constitute Vanu au
ton and they fnd after tendery caring for the ehiu
for years until their affections closely centered III "
that its father mother about whom they have known
nothing IN the meantime has the right TO tear IL rom
them and make it a stranger to them.
Since 1873 has been possible for such persons amply
protect themselves and the adopted child by taking the
necessary legal steps In that year statute was passeu
providing for the necessities OF such case. In the
statute adoption Is defined the illegal act whereby an
adult person takes minor into the relation OF cmd ana
thereby acquires the rights and incurs the responsible
ties OF parent in respect to such minor" The proper
consent OF the necessary person or must first be
obtained. n the child Is orphan 1t must be given by
adult person having the lawful custody OF the child
Generally speaking the Of the living parent or
parents must be obtained; II the child ia ilegtmate
the mothers consent II she Is living but the consent OF
a divorced insane parent, one who is an habitual
drunkard, who has been judcally deprived OF the
custody Of the child who has deserted It, is not neces
sary II the child than twelve years old Its own
consent be given. But the most important require
ment OF the act and the that Is most frequently
neglected, Is the following:
1.-THE person adopting child and the child adopted.
and the other persons whose consent s necessary shall
appear before the County Judge OF the comfy in which
the person adopting resides and the necessary consent
shall thereupOn be signed and agreement be executed
by the person adopting TO the effect that the child shall
be adopted and treated in all respects, hsown lawful
child should be treated"
The Judge after examining all the parties and becoming
satisfied that such action s proper and best for the infant
makes an order setting forth the reasons for the order
directing that the child shall thenceforth be regarded
aud treated all respects tho child OF the person
adopting" From the date Of the adoption the parents
are relieved from all parental duties toward or RESPONSE
by for, the child, and have no rights over It," The
child takes the OF its adopted parents, and for the
rest life stands In exactly the same relation to them
as we're their offspring excepting to the right OF In
hertancc and the passing and limitations Of real and
personal property, under and by deed, cOnveyances
Wills deyises and trusts. Why these exceptions should
heads Generally when such adoption Is made not
invariably the adopting parent desires TO put the child In
exactly the position a. II 1t was his own AND al
though he can prevent any prejudice 10 the child from
these exceptions by the terms Of his WILL yet the harm or
Injustice comes In where the exceptions are not
known to the oserparent or are forgotten such cases
however rare compared with the Instances where IN
acrward compelled TO surrender the infant because the
provisions OF the statute have not strictly been compiled
with The courts called upon to pass on many such
| cases. -, -.
Several years ago wealthy gentleman and his wife,
! living on the Hudson River, took from reputable
! woman OF this city her babe, which she was
sent that they should adopt II. Her husband
had gone West several months before, but had been una
S TO sa aS sSy moRer dea TGo
know the who had taken It as s 'ny parents
This relation doubtless would have continued the Iatner
had not returned year more ago and demanded the
custody OF the child. The fosterparents could show no
legal adoption but merely the consent OF the mother ana
az the father had acquired sufficient property 10 enable
him properly for the child and appeared TO be
OF good character they were compeed 70 yled 70
him the little rl 70 whom they bad al that time become
| most fondy attached ,,--,.,
Another more recent tgated IN this city last
summer and autumn. swed, - man and woman arrived
| AZ Castle Garden with Children The man deserted
hi. wife day and she never heard or MIN aferWaru
! A wealthy and charltsbly inclined swede TOOK
| took one OF the children, a bright, lntelL
out To service The mother afcrward consented that the
boy should be adopted by the gentleman ana Ills VIE
LAWYER was employed who drew up the strongest KIND oil
deeds adoption In which the mother surrendercd ana
the fosterparrns assumed all the responsibilities and
rights OF parcnage. These executed by the three
and acknowledged before notary but either because vi
the lawyers ignorance ofthe statute OF 1873 or Tor some
other reason they did not before the Judge OF the
Common Pleas (which Is In this city the County Court
and have the proper order there made The consequence
was that a wear two afterwSrd when the mother Oy
habeas corpus claimed the custody OF the po the court
WINS compelled 20 hold that there no adoption And
although the child allowed TO remain with ts roster
parcn IL was on the ground that such disposition was
i the interests OF the child aud not because they
had any parental rights IN H. Many other such cases
might be nstanoed, showing the necessity for extreme
care i'm making adoptons. In fact such adoption can
scarcely be made all with confident safety except
under the advice and supervision OF scompetent lawyer