CHAPTER 162
ADOPTION
AN ACT to Amend Chapter 88 of the Revised Code of Delaware, as the Same Relates to the Law of Adoption.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That 3063. Sec. 3, 3064. Sec. 4, and 3065. Sec. 5, of Article 2 of Chapter 88 of the Revised Code of Delaware be and the same are hereby stricken out and new sections inserted in lieu thereof as follows :
3063. Sec. 3. No adoption proceeding or order therein shall be valid or recognized by any Court in this State as respects persons who are residents of the State of Delaware, whether such persons be the adopters or adoptees, unless the adoption proceedings so taken shall be in substantial compliance with the adoption laws of this State; provided, however, that this shall not apply to any adoption proceedings or order therein taken as respects persons who are not residents of the State of Delaware at the time of the commencement of such adoption proceedings and or at the time of entering of the order therein or pertaining thereto.
3064. Sec. 4. Proceedings For ; Jurisdiction of Orphans Court ; Contents of Petition of Adoption ; Investigation :--A resident of this State who is over twenty-one years of age and not married, or a husband and wife residents of this State (if not legally separated) jointly, may petition the Orphan's Court of the county in which the petitioner or petitioners reside for an order authorizing the petitioner or petitioners to adopt a minor child or children not theirs by birth, and, if desired, for authority to change the name of such child or children. A written consent, duly acknowledged, must be given to such adoption by the child or children if of the age of fourteen years or over, and by each of his or her known living parents who is not hopelessly insane or otherwise incapacitated from giving such consent, or is not habitually addicted to the use of drugs or intoxicating liquors, or has not abandoned such child or children, or has not lost custody of the child or children to the order of a court ; or if the parents are dead or disqualified, as aforesaid, then by a legal guardian, or if there be no such guardian, then by a suitable person appointed by the Orphans Court to act in the proceedings as the next friend of such child or children. If such parents or guardian join in said petition, it shall be deemed a consent in writing.
The petition shall state the name of the petitioner or petitioners, the place of residence thereof, the name and age of the child or children, whom it is sought to adopt, the name of the parents of such child or children, if living ; if the parents are not living, the name of the guardian or person having custody of such child or children at the time of the commencement of the adoption proceedings. Such petition must state that the petitioner or petitioners are financially able and morally fit to have the care, supervision, and training of said child or children whom it is sought to adopt. If it is desired to change the name of said child or children, the petition shall so state. The petition filed in adoption causes shall be in substantially the following form :
PETITION FOR ADOPTION
To the Hon. Judge of the Orphans
Court of the County of
Your petitioners, the undersigned, residents of the county of respectfully apply for an order permit-
ting them to adopt as their own child
a minor child aged years, who is the child of and who is now
Your petitioners represent that they are financially able and morally fit to have the care, supervision and training of said child, and desire that the name of the said child shall be changed to
Petitioners.
Address of petitioners:
Address of Parents and Guardians:
I, the undersigned, of the above
mentioned child, do hereby consent to the adoption prayed for.
Mother, Father, Legal Guardian, Next Friend.
Witness Address
I, the undersigned the above
mentioned child, being aged 14 years or over, do hereby consent to the adoption above prayed for.
Child.
Witness Address
To the Clerk of the Orphan's Court:
Enter an order of reference to .. for investigation and report.
INVESTIGATION AND PROCEDURE
Upon the filing of the foregoing petition, the Court shall by appropriate order direct an agent of the State Board of Charities or some person accredited by the State Board of Charities, to make a careful and thorough investigation of the matter and report his findings in writing to the said Court. The person so directed to make such investigation shall make inquiry, among other things, as to:
a. Information why the parents or guardian of the child or children desire adoption.
b. Whether or not such parents or guardians have abdicated control over the child or children, or whether conditions would make this advisable.
c. Whether any person, organization, or agency of any sort which has had any part in the negotiations has received or expects to receive any fee in connection therewith except for the due professional performance of legal or medical services.
a. Information regarding the foster home ; to include the emotional, moral, financial, intellectual, and health standards of such home, and religious affiliations.
a. Data on the physical and mental conditions of the child or children.
b. Summary on the suitability of the child to the home, including suitability of Religious affiliation.
c. Whether the placement is for the best interests of the child.
ORDER OF REFERENCE
In the Orphan's Court of the county of
19
In the Matter of the Proposed Adoption of an Infant
This day came and
his wife, residents of the county of and filed
their joint petition praying leave to adopt a minor child, bearing the name of not theirs by birth, under the age of twenty-one years, to-wit : of the age of
the child of
and for a change of name of said child to
to which petition is attached the written consent, duly acknowledged of
Whereupon it is ordered that
.....
do make a careful and thorough investigation of this matter, and report the findings in writing to this Court, and in such investigation shall make the inquiries required by the Act of the General Assembly.
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To the Hon. county of
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REPORT ON PROPOSED ADOPTION
Judge of the Orphans' Court of
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Report on the findings of
upon the petition of and
his wife, in reference to the proposed adoption of
of the age of as required by the Act of the
General Assembly.
ADOPTION
INVESTIGATION AND PROCEDURE
Upon the filing of the foregoing petition, the Court shall by appropriate order direct an agent of the State Board of Charities or some person accredited by the State Board of Charities, to make a careful and thorough investigation of the matter and report his findings in writing to the said Court. The person so directed to make such investigation shall make inquiry, among other things, as to:
a. Information why the parents or guardian of the child or children desire adoption.
b. Whether or not such parents or guardians have abdicated control over the child or children, or whether conditions would make this advisable.
c. Whether any person, organization, or agency of any sort which has had any part in the negotiations has received or expects to receive any fee in connection therewith except for the due professional performance of legal or medical services.
d. Information regarding the foster home ; to include the emotional, moral, financial, intellectual, and health standards of such home, and religious affiliations.
e. Data on the physical and mental conditions of the child or children.
f. Summary on the suitability of the child to the home, including suitability of Religious affiliation.
g. Whether the placement is for the best interests of the child.
ADOPTION
ORDER OF REFERENCE
In the Orphan's Court of the county of
In the Matter of the Proposed Adoption of an Infant
This day came and
his wife, residents of the county of and filed their joint petition praying leave to adopt a minor child, bearing the name of not theirs by birth, under the age of twenty-one years, to-wit : of the age of
the child of
and for a change of name of said child to
to which petition is attached the written consent, duly acknowledged of
Whereupon it is ordered that
do make a careful and thorough investigation of this matter, and report the findings in writing to this Court, and in such investigation shall make the inquiries required by the Act of the General Assembly.
A copy, Teste :
Clerk.
REPORT ON PROPOSED ADOPTION
To the Hon. Judge of the Orphans' Court of
county of
Report on the findings of
upon the petition of and
his wife, in reference to the proposed adoption of
of the age of as required by the Act of the
General Assembly.
ADOPTION
1. Information why the parents or guardian of the child or children desire adoption.
2. Whether or not such parents or guardians have abdicated control over the child or children, or whether conditions would make this advisable.
3. Whether any person, organization, or agency of any sort which has had any part in the negotiations has received or expects to receive any fee in connection therewith except for the due professional performance of legal or medical services.
4. Information regarding the foster home. To include the emotional, moral, financial, intellectual, and health standards of such home, and religious affiliations.
5. Data on the physical and mental conditions of the child or children.
6. Summary on the suitability of the child to the home, including suitability of Religious affiliation.
7. Whether the placement is for the best interests of the child.
3065. Section 5. Order of Adoption; Interlocutory Order ; Final Order ; Revocation of : If the Court is satisfied at a hearing, at which all interested persons may be present or represented, that the natural parents or guardians have just cause for desiring to be relieved of the the care, support, guardianship of said child, or have abandoned the child, or are morally unfit to retain its custody ; that it appears from the investigation made that the petitioner or petitioners is or are duly qualified, especially in the particulars set forth, to have the care, supervision and training of such child or children ; that such child or children is or are suitable for adoption in this private family home, that such family and the child are suited to one another by religious affiliation ; that such change of name and guardianship is for the best interests of said child or children ; that no person or agency of any sort which has had any part in the negotiations has received or expected to receive any fee in connection therewith except for the due professional performance of legal or medical services, then in such case the Court shall make an interlocutory order, setting forth its findings and decreeing that from the date of the final order of adoption in such case, if such final order be entered, as hereinafter provided, such child or children to all legal intents and purposes whatsoever, will be the child or children of the petitioner or petitioners, and its or their name may be thereby changed. Such final order of Adoption shall not be granted until the child or children shall have lived for one year in the proposed home under the care and protection, and as the child in fact, of such petitioner or petitioners ; and shall have been visited during said period at least once in every three months by the person who was previously designated by the Court to make the investigation required by this Section ; if such person is unavailable for any reason, then by a person having the same.qualifications as such person. At any time before the entry of the final order of adoption the Court may revoke its interlocutory order for good cause either of its own motion or on the motion of the natural parents or guardians of such child or by the original petitioner or petitioners or the child itself by its next friend ; provided, however, no such revocation shall be entered unless and until ten days notice in writing shall have been given to the original petitioner or petitioners (unless he or they make the motion), or have removed from the State or unless the original petitioner or petitioners, if residents of the State, shall have been given an opportunity to be heard ; and further provided that desire to withdraw consent once given as part of the petition in the proceedings shall not be considered good cause for revocation of the said interlocutory order.
The Interlocutory Order shall be in the following form :
In the Orphan's Court of the county of
In the matter of the petition of
and , his wife, for the proposed
adoption of an infant.
The court having duly considered the report of
the investigator in this matter, as to the proposed adoption of an infant of the age of
doth order and declare that from the date of the final order of adoption in this case, if such final order be afterwards entered, the said child, to all legal intents and purposes, will be the child of the said petitioners, and that its name be thereby changed to
as provided by the Act of
And the court doth allow the said petitioners to have the care and custody of said infant, to live in the proposed home, for the period of one year from this date, without molestation of any sort, except as this court shall allow or as may be required by law. *
Upon the expiration of the period of one year, the Judge, being satisfied that all proceedings have been taken in conformity to the provisions of this' act and that the interest of all concerned are duly regarded, shall enter the final order of Adoption in the case.
Upon the entry of the final Order of Adoption, the Judge or the clerk of the court shall notify the State Board of Charities of the action taken, giving the names and addresses of the natural parents, if known, or of the child's next of kin, the age and the name of such child both before and after Adoption, and the names and addresses of the foster-parents. All papers in any ADOPTION
adoption proceeding shall be placed in the custody of the State Board of Charities. They shall be opened for inspection only upon order of the Orphan's Court having jurisdiction of the adoption proceeding. Said Board shall likewise be notified of any subsequent modification or revocation of such order of adoption.
The final order of Adoption shall be in the following form :
FINAL DECREE OF ADOPTION
In the Orphan's Court of the county of
Upon the petition of
and his wife, and with the consent of
the Court doth allow the said petitioners to adopt as their own child , not theirs by birth, a
infant, under the age of twenty-one years, to-wit ; of the age of
. And the court being fully satisfied as to the fitness and propriety of such adoption, and as to the financial ability of the said petitioners to bring up and properly educate the said child, doth declare that from this date the said child, to all legal intents and purposes, is the child of the said petitioners, and that the said child shall be named
A copy, Teste ;
Clerk.
The natural parents or previous guardian shall, by such final order of Adoption, be divested of all legal rights and obligations in respect to the child, and the child shall be free from all legal obligations of obedience and maintenance in respect to them. Such child shall, from and after the entry of the interlocutory order herein provided for, be, to all intents and purposes, the child and heir at law of the person so adopting him or her, unless and until such order is subsequently revoked, entitled to all the rights and privileges and subject to all the obligations of a child of such person begotten in lawful wedlock ; but on the decease of such person and the subsequent decease of such adopted child without issue, the property of such adopting parent
still undisposed of shall descend to his or her next of kin, and not to the next of kin of such adopted child.
If, at any time after the final order of the court permitting such adoption and change of name, the adopting parents, the child himself if of 21 years of age, or any individual or agency believes that for just cause an adoption should be revoked, the Judge of the Orphan's Court shall require an agent of the State Board of Charities or some person accredited by the State Board of Charities, to make a complete investigation of the reasons for annulment and submit his findings in writing to the Court, which shall then hear the testimony of all concerned. If it shall appear, based on these findings and giving due consideration to the intention of this act to provide a means whereby Adoption shall create a permanent and lasting relationship not to be placed in jeopardy, nor terminated except for obvious and grave causes, that the revocation sought is manifestly just and proper and for the best interests of the child, the court may, in its discretion, vacate said final order of Adoption and change of name. Thereupon, such child shall be restored to the position and name which it held before such final order of adoption.
And the Court shall see that all the property rights of such child, as well as of the person or persons adopting it, are protected, and may make 'such order as may be proper in the premises so that no injustice may be done.
Address of Child:
I, the undersigned, of the above
mentioned child, do hereby consent to the adoption prayed for.
Mother, Father, Legal Guardian, Next Friend.
Witness Address
I, the undersigned the above
mentioned child, being aged 14 years or over, do hereby consent to the adoption above prayed for.
Child.
Witness Address
To the Clerk of the Orphan's Court:
Enter an order of reference to .. for investigation and report.
Judge Orphans' Court
INVESTIGATION AND PROCEDURE
Upon the filing of the foregoing petition, the Court shall by appropriate order direct an agent of the State Board of Charities or some person accredited by the State Board of Charities, to make a careful and thorough investigation of the matter and report his findings in writing to the said Court. The person so directed to make such investigation shall make inquiry, among other things, as to:
a. Information why the parents or guardian of the child or children desire adoption.
b. Whether or not such parents or guardians have abdicated control over the child or children, or whether conditions would make this advisable.
c. Whether any person, organization, or agency of any sort which has had any part in the negotiations has received or expects to receive any fee in connection therewith except for the due professional performance of legal or medical services.
a. Information regarding the foster home ; to include the emotional, moral, financial, intellectual, and health standards of such home, and religious affiliations.
a. Data on the physical and mental conditions of the child or children.
b. Summary on the suitability of the child to the home, including suitability of Religious affiliation.
c. Whether the placement is for the best interests of the child.
ORDER OF REFERENCE
In the Orphan's Court of the county of
19
In the Matter of the Proposed Adoption of an Infant
This day came and
his wife, residents of the county of and filed
their joint petition praying leave to adopt a minor child, bearing the name of not theirs by birth, under the age of twenty-one years, to-wit : of the age of
the child of
and for a change of name of said child to
to which petition is attached the written consent, duly acknowledged of
Whereupon it is ordered that
.....
do make a careful and thorough investigation of this matter, and report the findings in writing to this Court, and in such investigation shall make the inquiries required by the Act of the General Assembly.
A copy, Teste :
Clerk.
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To the Hon. county of
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REPORT ON PROPOSED ADOPTION
Judge of the Orphans' Court of
|
Report on the findings of
upon the petition of and
his wife, in reference to the proposed adoption of
of the age of as required by the Act of the
General Assembly.
ADOPTION
INVESTIGATION AND PROCEDURE
Upon the filing of the foregoing petition, the Court shall by appropriate order direct an agent of the State Board of Charities or some person accredited by the State Board of Charities, to make a careful and thorough investigation of the matter and report his findings in writing to the said Court. The person so directed to make such investigation shall make inquiry, among other things, as to:
a. Information why the parents or guardian of the child or children desire adoption.
b. Whether or not such parents or guardians have abdicated control over the child or children, or whether conditions would make this advisable.
c. Whether any person, organization, or agency of any sort which has had any part in the negotiations has received or expects to receive any fee in connection therewith except for the due professional performance of legal or medical services.
d. Information regarding the foster home ; to include the emotional, moral, financial, intellectual, and health standards of such home, and religious affiliations.
e. Data on the physical and mental conditions of the child or children.
f. Summary on the suitability of the child to the home, including suitability of Religious affiliation.
g. Whether the placement is for the best interests of the child.
ADOPTION
ORDER OF REFERENCE
In the Orphan's Court of the county of
In the Matter of the Proposed Adoption of an Infant
This day came and
his wife, residents of the county of and filed their joint petition praying leave to adopt a minor child, bearing the name of not theirs by birth, under the age of twenty-one years, to-wit : of the age of
the child of
and for a change of name of said child to
to which petition is attached the written consent, duly acknowledged of
Whereupon it is ordered that
do make a careful and thorough investigation of this matter, and report the findings in writing to this Court, and in such investigation shall make the inquiries required by the Act of the General Assembly.
A copy, Teste :
Clerk.
REPORT ON PROPOSED ADOPTION
To the Hon. Judge of the Orphans' Court of
county of
Report on the findings of
upon the petition of and
his wife, in reference to the proposed adoption of
of the age of as required by the Act of the
General Assembly.
ADOPTION
1. Information why the parents or guardian of the child or children desire adoption.
2. Whether or not such parents or guardians have abdicated control over the child or children, or whether conditions would make this advisable.
3. Whether any person, organization, or agency of any sort which has had any part in the negotiations has received or expects to receive any fee in connection therewith except for the due professional performance of legal or medical services.
4. Information regarding the foster home. To include the emotional, moral, financial, intellectual, and health standards of such home, and religious affiliations.
5. Data on the physical and mental conditions of the child or children.
6. Summary on the suitability of the child to the home, including suitability of Religious affiliation.
7. Whether the placement is for the best interests of the child.
3065. Section 5. Order of Adoption; Interlocutory Order ; Final Order ; Revocation of : If the Court is satisfied at a hearing, at which all interested persons may be present or represented, that the natural parents or guardians have just cause for desiring to be relieved of the the care, support, guardianship of said child, or have abandoned the child, or are morally unfit to retain its custody ; that it appears from the investigation made that the petitioner or petitioners is or are duly qualified, especially in the particulars set forth, to have the care, supervision and training of such child or children ; that such child or children is or are suitable for adoption in this private family home, that such family and the child are suited to one another by religious affiliation ; that such change of name and guardianship is for the best interests of said child or children ; that no person or agency of any sort which has had any part in the negotiations has received or expected to receive any fee in connection therewith except for the due professional performance of legal or medical services, then in such case the Court shall make an interlocutory order, setting forth its findings and decreeing that from the date of the final order of adoption in such case, if such final order be entered, as hereinafter provided, such child or children to all legal intents and purposes whatsoever, will be the child or children of the petitioner or petitioners, and its or their name may be thereby changed. Such final order of Adoption shall not be granted until the child or children shall have lived for one year in the proposed home under the care and protection, and as the child in fact, of such petitioner or petitioners ; and shall have been visited during said period at least once in every three months by the person who was previously designated by the Court to make the investigation required by this Section ; if such person is unavailable for any reason, then by a person having the same.qualifications as such person. At any time before the entry of the final order of adoption the Court may revoke its interlocutory order for good cause either of its own motion or on the motion of the natural parents or guardians of such child or by the original petitioner or petitioners or the child itself by its next friend ; provided, however, no such revocation shall be entered unless and until ten days notice in writing shall have been given to the original petitioner or petitioners (unless he or they make the motion), or have removed from the State or unless the original petitioner or petitioners, if residents of the State, shall have been given an opportunity to be heard ; and further provided that desire to withdraw consent once given as part of the petition in the proceedings shall not be considered good cause for revocation of the said interlocutory order.
The Interlocutory Order shall be in the following form :
In the Orphan's Court of the county of
In the matter of the petition of
and , his wife, for the proposed
adoption of an infant.
The court having duly considered the report of
the investigator in this matter, as to the proposed adoption of an infant of the age of
doth order and declare that from the date of the final order of adoption in this case, if such final order be afterwards entered, the said child, to all legal intents and purposes, will be the child of the said petitioners, and that its name be thereby changed to
as provided by the Act of
And the court doth allow the said petitioners to have the care and custody of said infant, to live in the proposed home, for the period of one year from this date, without molestation of any sort, except as this court shall allow or as may be required by law. *
Upon the expiration of the period of one year, the Judge, being satisfied that all proceedings have been taken in conformity to the provisions of this' act and that the interest of all concerned are duly regarded, shall enter the final order of Adoption in the case.
Upon the entry of the final Order of Adoption, the Judge or the clerk of the court shall notify the State Board of Charities of the action taken, giving the names and addresses of the natural parents, if known, or of the child's next of kin, the age and the name of such child both before and after Adoption, and the names and addresses of the foster-parents. All papers in any ADOPTION
adoption proceeding shall be placed in the custody of the State Board of Charities. They shall be opened for inspection only upon order of the Orphan's Court having jurisdiction of the adoption proceeding. Said Board shall likewise be notified of any subsequent modification or revocation of such order of adoption.
The final order of Adoption shall be in the following form :
FINAL DECREE OF ADOPTION
In the Orphan's Court of the county of
Upon the petition of
and his wife, and with the consent of
the Court doth allow the said petitioners to adopt as their own child , not theirs by birth, a
infant, under the age of twenty-one years, to-wit ; of the age of
. And the court being fully satisfied as to the fitness and propriety of such adoption, and as to the financial ability of the said petitioners to bring up and properly educate the said child, doth declare that from this date the said child, to all legal intents and purposes, is the child of the said petitioners, and that the said child shall be named
A copy, Teste ;
Clerk.
The natural parents or previous guardian shall, by such final order of Adoption, be divested of all legal rights and obligations in respect to the child, and the child shall be free from all legal obligations of obedience and maintenance in respect to them. Such child shall, from and after the entry of the interlocutory order herein provided for, be, to all intents and purposes, the child and heir at law of the person so adopting him or her, unless and until such order is subsequently revoked, entitled to all the rights and privileges and subject to all the obligations of a child of such person begotten in lawful wedlock ; but on the decease of such person and the subsequent decease of such adopted child without issue, the property of such adopting parent
still undisposed of shall descend to his or her next of kin, and not to the next of kin of such adopted child.
If, at any time after the final order of the court permitting such adoption and change of name, the adopting parents, the child himself if of 21 years of age, or any individual or agency believes that for just cause an adoption should be revoked, the Judge of the Orphan's Court shall require an agent of the State Board of Charities or some person accredited by the State Board of Charities, to make a complete investigation of the reasons for annulment and submit his findings in writing to the Court, which shall then hear the testimony of all concerned. If it shall appear, based on these findings and giving due consideration to the intention of this act to provide a means whereby Adoption shall create a permanent and lasting relationship not to be placed in jeopardy, nor terminated except for obvious and grave causes, that the revocation sought is manifestly just and proper and for the best interests of the child, the court may, in its discretion, vacate said final order of Adoption and change of name. Thereupon, such child shall be restored to the position and name which it held before such final order of adoption.
And the Court shall see that all the property rights of such child, as well as of the person or persons adopting it, are protected, and may make 'such order as may be proper in the premises so that no injustice may be done.
To the Hon. county of
REPORT ON PROPOSED ADOPTION
Judge of the Orphans' Court of
Report on the findings of
upon the petition of and
his wife, in reference to the proposed adoption of
of the age of as required by the Act of the
General Assembly.
ADOPTION
INVESTIGATION AND PROCEDURE
Upon the filing of the foregoing petition, the Court shall by appropriate order direct an agent of the State Board of Charities or some person accredited by the State Board of Charities, to make a careful and thorough investigation of the matter and report his findings in writing to the said Court. The person so directed to make such investigation shall make inquiry, among other things, as to:
a. Information why the parents or guardian of the child or children desire adoption.
b. Whether or not such parents or guardians have abdicated control over the child or children, or whether conditions would make this advisable.
c. Whether any person, organization, or agency of any sort which has had any part in the negotiations has received or expects to receive any fee in connection therewith except for the due professional performance of legal or medical services.
d. Information regarding the foster home ; to include the emotional, moral, financial, intellectual, and health standards of such home, and religious affiliations.
e. Data on the physical and mental conditions of the child or children.
f. Summary on the suitability of the child to the home, including suitability of Religious affiliation.
g. Whether the placement is for the best interests of the child.
ADOPTION
ORDER OF REFERENCE
In the Orphan's Court of the county of
19
In the Matter of the Proposed Adoption of an Infant
This day came and
his wife, residents of the county of and filed their joint petition praying leave to adopt a minor child, bearing the name of not theirs by birth, under the age of twenty-one years, to-wit : of the age of
the child of
and for a change of name of said child to
to which petition is attached the written consent, duly acknowledged of
Whereupon it is ordered that
do make a careful and thorough investigation of this matter, and report the findings in writing to this Court, and in such investigation shall make the inquiries required by the Act of the General Assembly.
A copy, Teste :
Clerk.
REPORT ON PROPOSED ADOPTION
To the Hon. Judge of the Orphans' Court of
county of
Report on the findings of
upon the petition of and
his wife, in reference to the proposed adoption of
of the age of as required by the Act of the
General Assembly.
ADOPTION
1. Information why the parents or guardian of the child or children desire adoption.
2. Whether or not such parents or guardians have abdicated control over the child or children, or whether conditions would make this advisable.
3. Whether any person, organization, or agency of any sort which has had any part in the negotiations has received or expects to receive any fee in connection therewith except for the due professional performance of legal or medical services.
4. Information regarding the foster home. To include the emotional, moral, financial, intellectual, and health standards of such home, and religious affiliations.
5. Data on the physical and mental conditions of the child or children.
6. Summary on the suitability of the child to the home, including suitability of Religious affiliation.
7. Whether the placement is for the best interests of the child.
Respectfully submitted
Investigator.
3065. Section 5. Order of Adoption; Interlocutory Order ; Final Order ; Revocation of : If the Court is satisfied at a hearing, at which all interested persons may be present or represented, that the natural parents or guardians have just cause for desiring to be relieved of the the care, support, guardianship of said child, or have abandoned the child, or are morally unfit to retain its custody ; that it appears from the investigation made that the petitioner or petitioners is or are duly qualified, especially in the particulars set forth, to have the care, supervision and training of such child or children ; that such child or children is or are suitable for adoption in this private family home, that such family and the child are suited to one another by religious affiliation ; that such change of name and guardianship is for the best interests of said child or children ; that no person or agency of any sort which has had any part in the negotiations has received or expected to receive any fee in connection therewith except for the due professional performance of legal or medical services, then in such case the Court shall make an interlocutory order, setting forth its findings and decreeing that from the date of the final order of adoption in such case, if such final order be entered, as hereinafter provided, such child or children to all legal intents and purposes whatsoever, will be the child or children of the petitioner or petitioners, and its or their name may be thereby changed. Such final order of Adoption shall not be granted until the child or children shall have lived for one year in the proposed home under the care and protection, and as the child in fact, of such petitioner or petitioners ; and shall have been visited during said period at least once in every three months by the person who was previously designated by the Court to make the investigation required by this Section ; if such person is unavailable for any reason, then by a person having the same.qualifications as such person. At any time before the entry of the final order of adoption the Court may revoke its interlocutory order for good cause either of its own motion or on the motion of the natural parents or guardians of such child or by the original petitioner or petitioners or the child itself by its next friend ; provided, however, no such revocation shall be entered unless and until ten days notice in writing shall have been given to the original petitioner or petitioners (unless he or they make the motion), or have removed from the State or unless the original petitioner or petitioners, if residents of the State, shall have been given an opportunity to be heard ; and further provided that desire to withdraw consent once given as part of the petition in the proceedings shall not be considered good cause for revocation of the said interlocutory order.
The Interlocutory Order shall be in the following form :
In the Orphan's Court of the county of
19
In the matter of the petition of
and , his wife, for the proposed
adoption of an infant.
The court having duly considered the report of
the investigator in this matter, as to the proposed adoption of an infant of the age of
doth order and declare that from the date of the final order of adoption in this case, if such final order be afterwards entered, the said child, to all legal intents and purposes, will be the child of the said petitioners, and that its name be thereby changed to
as provided by the Act of
the General Assembly.
And the court doth allow the said petitioners to have the care and custody of said infant, to live in the proposed home, for the period of one year from this date, without molestation of any sort, except as this court shall allow or as may be required by law. *
A copy, Teste:
Clerk.
Upon the expiration of the period of one year, the Judge, being satisfied that all proceedings have been taken in conformity to the provisions of this' act and that the interest of all concerned are duly regarded, shall enter the final order of Adoption in the case.
Upon the entry of the final Order of Adoption, the Judge or the clerk of the court shall notify the State Board of Charities of the action taken, giving the names and addresses of the natural parents, if known, or of the child's next of kin, the age and the name of such child both before and after Adoption, and the names and addresses of the foster-parents. All papers in any ADOPTION
adoption proceeding shall be placed in the custody of the State Board of Charities. They shall be opened for inspection only upon order of the Orphan's Court having jurisdiction of the adoption proceeding. Said Board shall likewise be notified of any subsequent modification or revocation of such order of adoption.
The final order of Adoption shall be in the following form :
FINAL DECREE OF ADOPTION
In the Orphan's Court of the county of
Upon the petition of
and his wife, and with the consent of
the Court doth allow the said petitioners to adopt as their own child , not theirs by birth, a
infant, under the age of twenty-one years, to-wit ; of the age of
. And the court being fully satisfied as to the fitness and propriety of such adoption, and as to the financial ability of the said petitioners to bring up and properly educate the said child, doth declare that from this date the said child, to all legal intents and purposes, is the child of the said petitioners, and that the said child shall be named
A copy, Teste ;
Clerk.
The natural parents or previous guardian shall, by such final order of Adoption, be divested of all legal rights and obligations in respect to the child, and the child shall be free from all legal obligations of obedience and maintenance in respect to them. Such child shall, from and after the entry of the interlocutory order herein provided for, be, to all intents and purposes, the child and heir at law of the person so adopting him or her, unless and until such order is subsequently revoked, entitled to all the rights and privileges and subject to all the obligations of a child of such person begotten in lawful wedlock ; but on the decease of such person and the subsequent decease of such adopted child without issue, the property of such adopting parent
still undisposed of shall descend to his or her next of kin, and not to the next of kin of such adopted child.
If, at any time after the final order of the court permitting such adoption and change of name, the adopting parents, the child himself if of 21 years of age, or any individual or agency believes that for just cause an adoption should be revoked, the Judge of the Orphan's Court shall require an agent of the State Board of Charities or some person accredited by the State Board of Charities, to make a complete investigation of the reasons for annulment and submit his findings in writing to the Court, which shall then hear the testimony of all concerned. If it shall appear, based on these findings and giving due consideration to the intention of this act to provide a means whereby Adoption shall create a permanent and lasting relationship not to be placed in jeopardy, nor terminated except for obvious and grave causes, that the revocation sought is manifestly just and proper and for the best interests of the child, the court may, in its discretion, vacate said final order of Adoption and change of name. Thereupon, such child shall be restored to the position and name which it held before such final order of adoption.
And the Court shall see that all the property rights of such child, as well as of the person or persons adopting it, are protected, and may make 'such order as may be proper in the premises so that no injustice may be done.
Approved April 25, 1933.