Page:United States Statutes at Large Volume 47 Part 1.djvu/1168

1144 Residence of child . Amte, p .1138 . CIIILDREN BY ADOPTION . How adopted. Petition . Executive Order No . 5973. Vol. 37, p.561; Vol. 42, p . 1006. Adoption by Step- father . Executive Order No . 6973. . Vol. 37, p .561 ; Vol. 42, p. 1008. Order of the court . Effect . 72d C ONGRESS . SESS II. CH. 128 . FEBRU ARY 27, 19 33. SEC . 157 . RIGHT OF PARENT TO DETERMINE THE RESIDENCE OF CHILI) . - A parent entitled to the cu stody of a child h as a righ t to chan ge his residence, subject to the power of the proper court to restrain a removal which would prejudice the rights or welfare of the child . Csoss ReeszzricB Residence, husband's right to change, see section 111 . CHAPTER 8 .-CHILDR> N BY ADO PTIO N SEC . 15 8. How CHILD MAY BE ADOPTED .-A resident of the Canal Zone, not married, or a husband and wife jointly, may petition the district court for leave to adopt a minor child ; but a written consent must be given for the adoption by the child, if of the age of four- teen year s, and by each of his or he r living parents w ho is not hope- lessly insane or in temper ate, o r has not aba ndoned such child, or if there are no such parents, or if the parents are unknown, or have aband oned such chil d, or if they are h opele ssly insa ne or intemperate, then by the legal guardian, or if there is no such guardia n, the n by a discr eet an d suit able pe rson a ppoint ed by the court to act in the proceedings as the neat friend of such child ; but when such child is an inmate of a charitable or eleemosynary institu tion w ithin the Ca nal Zo ne, an d has b een pr evious ly aba nd- oned by its parents or guardians thereto, then the written consent of the head of such institution must be given ; provided, neverthe- less, t hat no thing herein conta ined s hall au thoriz e a gu ardian to adopt h is war d befo re the termi nation of the guard ianshi p and the final settlement and approval of his accounts as guardian by the court . (E. O. Mar. 22, 1907, † 794 ; Act Cong. Aug. 24, 1912, c_ 390, ††2,9,37Stat.561;E.O.Mar.12,1914,† 10 ; Act Cong. Sept. 21, 1922, c. 370, † 3, 42 Stat. 1006_) SEC . 159. ADOPTION BY sTEPi ATHER. A resident of the Canal Tone,. being the husband of any woman who has a minor child by a de- ceased husband, may petition the district court for leave to adopt such minor child and for a change in the name of such child ; but the written consent must be given to the adoption by the child, if of the age of fourt een ye ars, a nd by the mot her of such child, if she is not ho peless ly ins ane or intem perate, or if such mother is hopelessly insane or intemperate, then by the legal guardian of such child, 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 . (E. O. Mar. 22, 1907 1 795; Act Cong. Aug. 24,1912,c.390,††2,9,37Stat.561;E.O.Mar.12,1914,†10;Act Cong. Sept . 21, 1922, c. 370, † 3, 42 Stat . 1006.) SEC. 161 . ORDER OF THE COIIRT .-When the foregoing provisions ° are complied with, if the court is satisfied with the ability of the petitioner to bring up and educate the child properly, having refer- ence 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 said child, to all legal intents and purposes, is the child of the petitioner and that its name is the reby c hanged . The order shall be rec orded in the record s of the court . (E. O. Mar. 22, 1907, † 796; Act Cong. Aug. 24, 1912, c.390, †† 2, 9, 37 Stat.561; E. O. Mar.12,1914,† 10; Act Cong. Suit. 21, 1922, c. 370, † 3, 42 Stat. 1006.) SEC. 162 . EFFECT OF THE ORDER .-The natural parents, except when such child is adopted under the provisions of section 159, shall, by such order, be divested of all legal rights and obligations in respect to the child, and the child shall be free from all legal obliga-