adopted child rights
of inheritance. If a minor child has a guardian his consent must be
obtained before the child can be legally adopted.
[Sidenote: Effect.]
Upon the execution, acknowledgment and filing for record of such
instrument, the rights, duties and relations between the parent and
child by adoption, shall, thereafter, in all respects, including the
right of inheritance, be the same that exists by law between parent and
child by lawful birth. [Sec.3501]. The right of a child by adoption to
inherit from the parents by adoption, depends upon a strict compliance
with the requirements of the law in every particular, including the
acknowledgment and recording of the articles of adoption. It is also
essential that the instrument shall be filed for record before the death
of the adopted parent and while the child is a minor. A child by
adoption does not lose the right to inherit from his natural parents,
but is entitled to all rights of inheritance from both natural and
adopted parents.
[Sidenote: Maltreatment.]
In case of maltreatment committed or allowed by the adopted parent, or
palpable neglect of duty on his part, toward such child, the custody
thereof may be taken from him and entrusted to another at his expense,
if so ordered by the district court of the county where the parent
resides; or the court may, on showing of the facts, require from the
adopted parent, bond with security, in a sum to be fixed by him, the
county being the obligee, and for the benefit of the child, conditioned
for the proper treatment and performance of duty towards the child on
the part of the parent; but no action of the court in the premises shall
affect or diminish the acquired right of inheritance on the part of the
child, to the extent of such right in a child of natural birth. [Sec.3502.]
[Sidenote: Home for the friendless Powers.]
Any home for the friendless incorporated under the laws of this state,
shall have authority to receive, control and dispose of minor children,
under the following provisions. In case of the death or legal incapacity
of the father, or in case of his abandoning or neglecting to provide for
his children, the mother shall be considered their legal guardian for
the purpose of making surrender of them to the charge and custody of
such corporation; and in all cases where the person or persons legally
authorized to act as the guardian or guardians of any child are not
known, the mayor of the town
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