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When a parent is not liable for support für

nished his child.

Husband not bound

supply such necessaries, and recover the reasonable value thereof from the parent.

Van Valkenburgh v. Watson, 13 Johns., 480; Chilcott v. Trimble, 13 Barb., 502; Clinton v. Rowland, 24 id., 634; Henry v. Betts, 1 Hilt., 156; and see Raymond v. Loyl, 10 Barb., 483. The age of the child is immaterial (Cromwell v. Benjamin, 41 Barb., 558).

$99. A parent is not bound to compensate the other parent' or a relative2 for the voluntary support of his child without an agreement for compensation, nor to compensate a stranger3 for the support of a child who has abandoned the parent without just cause.

'Burritt v. Burritt, 29 Barb., 124; Finch v. Finch, 22

Conn., 411. Compare Stanton v. Willson, 3 Day, 37.

Chilcott v. Trimble, 13 Barb., 502.

Raymond v. Loyl, 10 id., 483; Clark v. Fitch, 2 Wend., 459; Johnson v. Gibson, 4 E. D. Smith, 231.

$100. A husband is not bound to maintain his wife's

for the sup children by a former husband;' but if he receives them

port of his wife's children by a former inarriage.

Compensation and support of adult child.

Parent may relinquish

into his family and supports them, it is presumed that

he does so as a parent, and where such is the case, they are not liable to him for their support, nor he to them for their services.2

1

2

Gay v. Ballou, 4 Wend., 403; Williams v. Hutchinson,

5 Barb., 122; Bartley v. Richtmeyer, 4 N. Y. (4 Comst.), 38; Elliott v. Lewis, 3 Edw., 40.

Sharp v. Cropsey, 11 Barb., 224; Williams v. Hutchinson, 3 N. Y. (3 Comst.), 312.

S 101. Where a child, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation, in the absence of an agreement therefor.

Dye v. Kerr, 15 Barb., 444; Andrus v. Foster, 17 Verm., 556; Resor v. Johnson, 1 Carter [Ind.], 100; Rex v. Sow, 1 B. & Ald., 179; and see Cropsey v. Sweeney, 27 Barb., 310; S. C., 7 Abbotts' Pr., 129; Moore v. Moore, 21 How. Pr, 211.

$102. The parent, whether solvent or insolvent,1

services may relinquish to the child the right of controlling him and receiving his earnings. Abandonment by

and custody of child

the parent is presumptive evidence of such relinquishment.3

McCloskey v. Cyphert, 27 Penn. St., 220.

2 McCoy v. Huffman, 8 Cow., 84; Burlingame v. Burlin-
game, 7 id., 92; Whiting v. Earle, 3 Pick., 201;
Morse v. Welton, 6 Conn., 547; Varney v. Young,
11 Verm., 258.

Canovar v. Cooper, 3 Barb., 115; Stiles v. Granville, 6
Cush., 458; Clinton v. York, 26 Me., 167; Wodell v.
Coggeshall, 2 Metc. [Mass.], 91; Cloud v. Hamilton,
11 Humph., 104.

minors.

S103. The wages of a minor employed in service Wages of may be paid to him, unless, within thirty days after the commencement of the service, the parent or guardian entitled thereto gives the employer notice that he claims such wages.

Laws 1850, ch. 266, § 1. Same stat., 3 R. S., 5th ed.,
242, § 8.

Right of the resi

parent to determine

dence of

$104. A parent entitled to the custody of a child has a right to change his residence, subject to the power of the supreme court to restrain a removal which child. would prejudice the rights or welfare of the child. Wood v. Wood, 5 Paige, 596.

Parent not

$105. Neither parent nor child is answerable, as liable for such, for the acts of the other.

Tifft v. Tifft, 4 Den., 175.

acts of child.

tain cases

may obtain minor chil

custody of

dren.

S106. When a husband and wife live in a state of Wife in cer separation, without being divorced, any court or officer of competent jurisdiction, upon application of the wife, if she is an inhabitant of this state, may grant the proper writ to inquire into the custody of any minor unmarried child of the marriage, and may award the custody of the child to either party for such time, and under such regulations, as the case may require. The decision of the tribunal is to be guided by the rules prescribed in section 127.

2 R. S., 149, §§ 1-6.

China may

be adopted.

CHAPTER II.

ADOPTION.

The provisions of this chapter are new.

SECTION 107. Child may be adopted.

108. Who may adopt.

109. Consent of wife necessary.

110. Consent of child's parents.

111. Consent of child.

112. Proceedings on adoption.

113. Judge's order.

114. Effect of adoption.

115. Effect on former relations of child.

116. Adoption of illegitimate child.

$107. Any minor child may be adopted by any adult person, in the cases, and subject to the rules, prescribed in this chapter.

The total absence of any provision for the adoption of children is one of the most remarkable defects of our law. Thousands of children are actually, though not legally, adopted every year; yet there is no method by which the adopting parents can secure the children to themselves, except by a fictitious apprenticeship, a form which, when applied to children in the cradle, becomes absurd and repulsive. It is, indeed, so inappropriate in every case, that it is rarely resorted to. The consequence is, almost invariably, that if the real parents of the child live to see it grow to an age of usefulness and intelligence, they are certain to attempt to reclaim it, sometimes through the mere selfishness of natural affection, but more commonly from base and sordid motives. The chances of an adopting parent for the retention of the child upon which, perhaps, his whole heart is centered, are therefore in the inverse ratio to the degree of his benevolence in its selection, and of his care and affection in its training. Benevo lence dictates a choice from among children whose parents are least able or willing to take care of them. To relieve a child from a cruel and heartless parent is a greater mercy than to take even an orphan. Yet these are the parents who are, of all others, most likely to reclaim the child as soon as any money can be made out of it. Affection will give the child such a training as will develop its beauty and intelligence to the

highest degree. Yet every grace of the child is but a
premium upon the extortion of its heartless parents,
This is not mere theory. Facts within the knowledge
of almost every one justify these statements. There
are very many childless parents who would gladly
adopt children, but for their well founded fears that
they could never hold them securely.

adopt.

$108. The person adopting a child must be at least who may twenty years older than the person adopted, and must have been married, and if a woman, must be a widow, or be lawfully divorced from her husband, without her fault.

$109. A married man, not lawfully separated from his wife, cannot adopt a child without the consent of his wife.

S 110. A legitimate child cannot be adopted without the consent of its parents, if living, nor an illegitimate child without the consent of its mother, if living, except that consent is not necessary from a father or mother deprived of civil rights, or adjudged guilty of adultery, or of cruelty, and for either cause divorced, or adjudged to be an habitual drunkard, or who has been judicially deprived of the custody of the child, on account of cruelty or neglect.

Consent of sary.

wife neces

Consent of rents.

child's pa

of child.

$111. The consent of a child, if over the age of Consent twelve years, is necessary to its adoption.

The age of twelve is fixed upon, as being the period at
which the marriage of a female child is allowed.

ings on

$112. The person adopting a child, and the child Proceedadopted, and the other persons whose consent is adoption. necessary, must appear before the county judge of the county where the person adopting resides, and the necessary consent must thereupon be signed, and an agreement be executed by the person adopting, to the effect that the child shall be adopted, and treated in all respects as his own lawful child should be treated.

$113. The judge must examine all persons appear- Judge's ing before him pursuant to the last section, each

order.

Effect of adoption.

Effect on former relations of child.

Adoption of illegitimate child.

separately, and if satisfied that the interests of the child will be promoted by the adoption, he must make an order declaring that the child shall thenceforth be regarded and treated in all respects as the child of the person adopting.

$ 114. A child, when adopted, takes the name of the person adopting, and the two thenceforth sustain towards each other the legal relation of parent and child, and have all the rights, and are subject to all the duties, of that relation.

S115. The parents of an adopted child are, from the time of the adoption, relieved of all parental duties towards and of all responsibility for the child so adopted, and have no right over it.

S 116. The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such; and such child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this chapter do not apply to such an adoption.

This provision, like the rest, is new, but is so manifestly just, and the present state of the law is so unmerciful to innocent children, that it is presumed that no objection will be made to the change. The seducer can make reparation to the mother of his child, though she is more or less culpable, but can at present make absolutely none to the child, though perfectly innocent. By the law of France, and of almost every European nation, and in this country, by the law of Maine, Vermont, Massachusetts, Connecticut, Ohio, Illinois, Indiana, Maryland, Virginia, Georgia, Alabama, Mississippi, Louisiana, Kentucky and Missouri, a child is legitimatized by the marriage of its parents after its birth.

Privacy is an indispensable element of such an adoption. To compel the father to appear before a judge, or in any way to place the matter upon record, would brand the child with the very stigma from which a repentant father would desire to save it.

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