CHAPTER 7
Adoption
§ 1401. Competency of court.
§ 1402. Adoption by decree.
§ 1403. Persons to be notified or consents to be obtained.
§ 1404. Consent of child over 12 required.
§ 1405. Appearance of child.
§ 1406. Best interests of the child to control.
§ 1407. Effect of decree.
§ 1408. Rights and duties of adopting and natural parents.
§ 1409. Inheritance rights of adopted child.
An adoption authorized under this Chapter may be granted by any district court within whose territorial jurisdiction the person or persons requesting the adoption reside or within whose jurisdiction the child resides.
Source: (Code 1966, § 709; P.L. No. 4C-56, § 5.) 39 TTC § 251, modified.
(1) Any suitable person who is not married, or is married to the father or mother of a child, or a husband and wife jointly may by decree of court adopt a child not theirs by birth, and the decree may provide for change of the name of the child. If the child is adopted by a person married to the father or mother of the child, the same rights and duties which previously existed between such natural parent and child shall be and remain the same, subject, however, to the rights acquired by and the duties imposed upon the adopting parent by reason of the adoption.
(2) The term "child," as used in this Chapter and Section 5 1004, chapter 1 of this title, shall refer to the parent-child relationship.
Source: (Code 1966, § 706.) 39 TTC § 252, modified.
No adoption shall be granted without
either the written consent of, or notice to, each of the known living
legal parents who has not been adjudged insane or incompetent or has not
abandoned the child for a period of six months.
Source: (Code 1966, § 707; P.L. No. 4C-56, § 6.) 39 TTC § 253 (part), made into two Sections and Sections modified.
Adoption of a child of over the age
of 12 years shall not be granted without the consent of the
child.
Source: (Code 1966, § 707; P.L. No. 4C-56, § 6.) 39 TTC § 253 (part), made into two Sections and Section modified.
No adoption shall be granted under
this title without the child proposed for adoption appearing before the
court.
Source: (Code 1966, § 708.) 39 TTC § 254 (part), made into two Sections and Section modified.
The adoption shall be granted only if
the court is satisfied that the interests of the child will be promoted
thereby.
Source: (Code 1966, § 708.) 39 TTC § 254 (part), made into two Sections and Section modified.
After a decree of adoption has become
absolute, the child adopted and the adopting parents shall hold towards
each other the legal relation of parent and child and have all the rights
and be subject to all the duties of that relationship.
Source: 39 TTC § 255 (part), divided into three Sections and Section modified.
The natural parents of the adopted
child are, from the time of adoption, relieved of all parental duties
toward the child and all responsibilities for the child so adopted, and
have no right over it.
Source: 39 TTC § 255 (part), divided into three Sections and Section modified.
A child adopted under this title
shall have the same rights of inheritance as a person adopted in
accordance with recognized custom at the place where the land is situated
in the case of real estate, and at the place where the decedent was a
resident at the time of his death in the case of personal property.
Where there is no recognized custom as to rights of inheritance of
adopted children, a child adopted under this Chapter shall inherit from
his adopting parents the same as if he were the natural child of the
adopting parents, and he may also inherit from his natural parents and
kindred the same as if no adoption had taken place.
Source: 39 TTC § 255 (part), divided into three Sections and Section modified.