Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1893-03-28
TnR NEW LAWS.
ssnepfthe Acts o. the Legislature.
CHAPTRR XXX1I.

Wiling tue anne OF the adoption
Of children.
Be il enacted by the legislative
assembly Of the Territory Of New
Mexico:
Sec. /. Any minor child may
be adopted by any adult person or
charitable association or incorpo-
ration organized and existing for
the custody, care, maintenance
and education, in the case and
subject to the rules prescribed in
this chapter.
Sec. q The person adopting
the child must be ten years older
than the child adopted.
Neither a married man not law
fully separated from his wife, nor
a married woman not lawfully ser
arated from her husband, eau
adopt a child without the consent
of the wife or the husband, pro-
viding the husband or wife not
consenting is capable of giving
such consent.
Sec. 4. A legitimate child can
not be adopted without the consent
of its parents, if living together;
and if legally separated the con-
sent OF the parent having legal
custody Of the child must be OBJ
tanned. It shall not be necessary
to obtain consent from a father or
mother deprived of civil rights or
adjudged guilty of adultry or cru
city, and for such cause divorced
and deprived Of the custody Of the
child, or adjudged to be a habitual
drunkard, or who has been Judi
cially deprived of the custody Of
the child on account Of cruelty to,
abandonment and neglect of the
child or of infamous conduct.
Sec. 8. An illegitimate child
can not be adopted without the
consent of its mother, if known,
or capable Of consent.
Sec. 6. The consent of a child
over the age of II years is neces-
sary TO its adoption.
Sec. Z. The person, association.
or corporation seeking to adopt a
child must file a petition in the
probate court of the county in
which such person resides. or cor
poration or association has it's
institution and home for the GUS
tody and care Of such child, which
petition shall state fully the facts
and circumstances emitting appli-
cant to adopt such child, which
petition shall be verified by oath
of applicant. If the person or
persons whose consent to such
adoption is necessary are residents
of this Territory and not incapac-
itated by sickness or old age. they
must appear before the probate
judge at the time of filing 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 corporation adopting a child, to
the effect that the child shall be
adopted, treated with kindness and
properly cared for and educated.
1T the persons whose consent is
necessary for the adoption of a
child are not residents Of this
Territory or are incapacitateh By
sickness or old age ham appear
ing before the probate judge, then
their written oonsentdu acknowl-
edged before some officer or court
of record authorized by law to
take acknowledgement of instru-
ments shall be filed in the probate
court where such application for
adoption is made and shall be
deemed sufficient proof Of such
consent.
Sec. s. Upon satisfactory proof
that any person OF persons having
the custody and control of a child
or children are common prosti-
tntes or inhabitants or inmates of
a house Of ill-fame, and such child
or children are so situated that
they are liable TO become corrupt
ed by their association with such
person or persons, the probate
judge shall have full power and
authority to deprive such person
or persons 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 without
the consent Of the parent or par