ADOPTION OF CHILDREN. (S. B. 91.) AN ACT TO AMEND DIVISION ONE OF CHAPTER ONE OF THE GENERAL STAT- Be it enacted by the General Assembly of the State of SECTION I. That division one of chapter one of the General Statutes of the State of Colorado, entitled "Adoption of Children;" and sections one, two, three and four of the same be amended so as to read as follows: DIVISION I. ADOPTION OF CHILDREN. Any inhabitant or a husband or wife may petition to district or County court. SEC. I. An inhabitant of this State not married, or a husband and wife, jointly, may petition the district or county court of the county of their residence, for leave to adopt a minor child, not theirs by birth, and for a change of the name of such child, but a written consent must be given to such adoption by the child, if of the age of fourteen years or over, and by each of his or her living parents, who is not hopelessly insane, intemperate, or has not abandoned such child; or if there are no such parents, or if the parents are unknown, or have abandoned such child; or if they are hopelessly insane or intemperate, then by the legal guardian; or if there is no such guardian; then by a discreet and suitable person appointed by the court to act in the proceedings as the next friend of such child; but where such child is an inmate of an orphan asylum, organized under the laws when inmate of this State, and has been previously abandoned by its of an orphan parents or guardians; or voluntarily surrendered by its parents or guardians to the trustees or directors of such asylum, then the written consent of the president of the board of trustees or directors of such asylum shall be re asylum. Court shall ceived by the court to which such petition shall be presented, in place of the consent of the parents or guardians. SEC. 2. When the petition is filed by husband and wife the court shall examine the wife, and shall refuse leave for such adoption unless satisfied from such examination that the wife, of her own free will and accord, desires the same. SEC. 3. When the foregoing provisions are complied Court to be satis- with, if the court is satisfied of the ability of the petiof petitioner tioner to bring up and educate the child properly, having reference to the degree and condition of the child's parents, and the fitness and propriety of such adoption, it shall make an order, setting forth the facts, and declaring that from that date such child, to all legal intents and purposes, is the child of the petitioner, and that its name is thereby changed. make an order. Parents shall be divested of all rights. Property of adopting parent to descend. SEC. 4. The natural parents shall, by such order, be divested of all legal rights and obligations in respect to the child, and the child be free from all legal obligations of obedience and maintenance in respect to them; such child shall be to all intents and purposes the child and legal heir of the person so adopting him or her, entitled to all the rights and privileges, and subject to all the obligations of a child of such person begotten in lawful wedlock; but upon the decease of such person and the subsequent decease of such adopted child without issue, the property of such adopting parent shall descend to his or her next of kin, and not to the next of kin of such adopted child. SECTION 2. Section five of said division one of said chapter one, and all acts and parts of acts inconsistent with the provisions of this act, are hereby repealed. Approved March 31, 1885. |