Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1893-03-03
THE NEW LAWS.
An Act. Relative to the Adoption of
Children-A Timely New Law.


I Among the acts passed by the Both leg
Fislative assembly is the following:
aA CHkprEa XXXI.
An act in relation to and providing the
manner of the adoption of children.
| Be it enacted by the legislative assem-.
bly, of the Territory of New Mexico:
(, Sec. l. Any minor child may be adopt
ed by any adult person or charitable as
sociation or incorporation organized and
existing for the custody, care, mainten-
ance and education of orphan, illegiti-
mate, abandoned and other children en-
trusted to its custody and care without
any reward or recompense for such GUS
tody, care, maintenancerand education, in
the case and subject to the rules pre-
scribed in this chapter.
Sec. 2. The person adopting the child
must be ten years older than the child
adopted.
Sec. 8. Neithera married man not law
fully separated from his wife, nor mar
ried woman not lawfully separated from
her husband, can adopt child without
the consent of the wife or the husband,
providing the husband or wife not con-
senting is capable of giving such con-
sent,
Sec. 4. A legitimate child can not be
adopted without the consent of its par
ents, if living together; and if legally
separated the consent of the parent hav-
ing legal custody of the child must be
obtained. It shall not be necessary to
obtain the consent from father or
mother deprived of civil rights or ad-
judged guilty Of adultry or cruelty, and
for such cause divorced and deprived of
the custody of the child, or adjudged to
be habitual drunkard, or who has been
judicially deprived of the custody of
the child on account of cruelty to, aban-
ment and neglect of the child or Of in
famous conduct.
Sec. s, An illegitimate child can not
be adopted without the consent Of its
mother, if known, or capable of consent
Sec. 6. The consent of child over the
age of - years is necessary to its adop-
tion.
Y Sec. Z. The person, association or cor
poration seeking to adopt child must
file petition in the probate court of the
county in which such person resides, or
tion and home for the custody and care
of such child, which petition shall state
fully the facts and circumstances emitting
applicant to adopt such child, which petit
tion shall be verified by oath of applicant.
If the person or persons whose consent
to such adoption is necessary are resi-
dents of this territory and not incapac-
itated by sickness or old age, they must
appear before the probate judge at the
time of fling of such petition or at the
time set for hearing thereon, and the
necessary consent must thereupon be
signed and an agreement be executed by
the person or persons, association or COR
poration adopting child, to the effect
that the child shall be adopted, treated
with kindness and properly cared for and
educated. If the persons whose consent
is necessary for the adoption of child
are not residents of this territory or are
incapacitated by sickness or old age from
appearing before the probate Judge, then
their written consent duly acknowledged
before some officer or court of record
authorized by law to take acknowledge
ments of instruments shall be filed in the
probate court where such application for
adoption is made and shall be deemed
sufficient proof of such consent.
Eco. 8. Upon satisfactory proof that
any person or persons having the custody
and control of child or children are
common prostitutes or inhabitants or
inmates of house of ill-fame, and such
child or children are SO situated that they
are liable to be corrupted by their asso-
citation with such person or persons, the
probate Judge shall have full power and
authority to deprive such person or per-
sons of the custody of such child or
children and place such child or children
in the custody and control of any proper
person, association or corporation with
out the consent Of the parent or parents
or the custodian or custodians Of such
child or children, upon the execution of
the agreements herein before required of
persons adopting child.
Sec. 8. Upon satisfactory proof that
a child is abandoned and unproyided for
by its parents or relatives the probate
Judge shall permit such child to be
adopted without the consent of its
pateHts or relatives, upon the execution
of tks agtesment herein before required
Of shSfapplicant. H
Sec.' 10. The probate Judge must ex-
anime all persons appearing before him
pursuant to the provisions Of this chap
ter, andi satisfied that the interest of
the child or children to be adopted will
be promoted by the adoption by apPli-
can't he must make an order declaring
the child to bs adopted by the ap-