Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-03-27
ADOPTION OF CHILDREN.

It -' -''' lev
An Nc, I:nti,i,lr,l An Ac, Regulating the Adoption
of Children.
Dc ENuclW. ,1r.:
SECTION /. ptr!r!GN roE \pur1InN. ANY in.
hnhl,lni ut ;hi' State may nc,ition the di >lrict
court in the county of his residence for leave To
adopt !. Ciill'l not his own, and If desired for Il
change of the child's name; but the PRAYER of such
prii,llon lv 4 person having Il husband or wife shall
not h% granted unless the husband or wife joins
therein.
SLc. EoNsrHI or rAkIN1s. "lNKnr,H, ETC.,
70 III. IAn.l No such adoption shall be permitted
wi,hnu, tn, consent OF such of Tie parents of The
child rs may be living. unless i, shall appear to the
court that rit!hr: of The parents has abandoned the
child or gone To- parts unknown. when ~"ch consent
charge and care "f III" child. In ease ncl,hrr Of the
parents is living, or if both parents or The only liv-
in" parent shall have abandoned the child. such
consent NAV hr given Nv the guardian, If such child
has any. and if there he no guardian, such cunHvu'
iiEiv h; given hv any If the next of kin residing in
this Stale, and if there Ne no next of KIN rr>iiin" in
this State, or if such next of Kin he unknown, such
consent may be given lv the county judge Of the
county where the petition is made. In case of Il
child not born in lawful wrdl"rk. ,rc, consent may
he given by the Inu.icr alone if She is living ana
has not abandoned such child.
SLr.3. NI!hH 'IIn NlSr ,oN,rNI. If the
child IS OF the arc of ten wears or upward the ldop-
liGn shall not be made without his or her consent.
SEC 3. NnTItE" i itAkI>" pt rElIiInN rtr-
liz Arl"N.i If such child has no parent living or
has iccn abandoned by lis parents and has IL" guard
ian nor next of KIN in this State, or if his next of
kin, if any, are unknown. the court shall, before
hearing the petition. order notice of such hearing
and of til" time and place thereof, as fixed hv the
court. TO be given by publication thereof in some
newspaper of general circulation, published in the
county where such petition is presented, III least
once i'll each week for ;lic successive weeks. the
last publication to bc 1T least ten days before the
time fixed for the hearing. If there be no ncwsua-
per published in such county, then the notice NAV
be published rs aforesaid in some newspaper pub.
llShcd 1T the capital of the State.
SEC. ). PKotEEDIHGS ON HEARING deer Ell.
If upon the hearing of the petition so presented and
consented unto as aforesaid, the court shall he salts.
ticd of the identity and relations of the persons con.
Ccrncd, and that the petitioner is, or in case of bus
band and wife, that the petitioners arc of sufficient
ability to bring up the child and to furnish him
suitable nurture and education, and that it is fit and
proper that the petition for leave toadopt such child
I've granted, 4 decree shall be made setting forth the
facts and ordering that from and after the date of
the decree the child shall be deemed and taken to be
the child OF the petitioner or petitioners. and the
court may. if desired, in and by the same decree
change the name Of such child.
SEC. .. STATUS 90 ADOPTED CllIlD.1 \ child so
adopted as aforesaid shall be deemed us respects all
legal consequences and incidents of the natural re.
lalinn OF pircn! and child. the child of such parent
nr parents by adoption, the same as if he had been
worn to them i'll lawful wcdlock; cXccp! that such
adoption Shall not III itself constitute such child the
heir Of such parent or parents by adoption.
SEC. 7. EFFECT OF DECREE. The natural
parents of such child shall be deprived by the decree
aforesaid of all legal right respecting the child and
such child shall he free from all obligations of
maintenance and obedience respecting his natural
parents.
SEC. $. All acts or parts of acts IN conflict here
with are hereby repealed.
ApDroycd Nilrrh y. 1871.