DRAFT CSC, Title 23.  Family Law
 
CHAPTER 7
Adoption

1401.  Competency of court.
1402.  Adoption by decree.
1403.  Persons to be notified or consents to be obtained.
1404.  Consent of child over 12 required.
1405.  Appearance of child.
1406.  Best interests of the child to control.
1407.  Effect of decree.
1408.  Rights and duties of adopting and natural parents.
1409.  Inheritance rights of adopted child.

      1401.  Competency of court.
     An adoption authorized under this Chapter may be granted by any district court within whose territorial jurisdiction the person or persons requesting the adoption reside or within whose jurisdiction the child resides.

Source:  (Code 1966, 709;  P.L. No. 4C-56, 5.)  39 TTC 251, modified.

      1402. Adoption by decree.

     (1)  Any suitable person who is not married, or is married to the father or mother of a child, or a husband and wife jointly may by decree of court adopt a child not theirs by birth, and the decree may provide for change of the name of the child.  If the child is adopted by a person married to the father or mother of the child, the same rights and duties which previously existed between such natural parent and child shall be and remain the same, subject, however, to the rights acquired by and the duties imposed upon the adopting parent by reason of the adoption.

     (2)  The term "child," as used in this Chapter and Section 5 1004, chapter 1 of this title, shall refer to the parent-child relationship.

Source:  (Code 1966, 706.)  39 TTC 252, modified.

      1403.  Persons to be notified or consents to be obtained.
     No adoption shall be granted without either the written consent of, or notice to, each of the known living legal parents who has not been adjudged insane or incompetent or has not abandoned the child for a period of six months.

Source:  (Code 1966, 707; P.L. No. 4C-56, 6.)  39 TTC 253 (part), made into two Sections and Sections modified.

      1404.  Consent of child over 12 required.
     Adoption of a child of over the age of 12 years shall not be granted without the consent of the child.

Source: (Code 1966,  707;  P.L. No. 4C-56, 6.)  39 TTC 253 (part), made into two Sections and Section modified.

      1405.  Appearance of child.
     No adoption shall be granted under this title without the child proposed for adoption appearing before the court.

Source:  (Code 1966, 708.)  39 TTC 254 (part), made into two Sections and Section modified.

      1406. Best interests of the child to control.
     The adoption shall be granted only if the court is satisfied that the interests of the child will be promoted thereby.

Source:  (Code 1966, 708.)  39 TTC 254 (part), made into two Sections and Section modified.

      1407.  Effect of decree.
     After a decree of adoption has become absolute, the child adopted and the adopting parents shall hold towards each other the legal relation of parent and child and have all the rights and be subject to all the duties of that relationship.

Source:  39 TTC 255 (part), divided into three Sections and Section modified.

      1408.  Rights and duties of adopting and natural parents.
     The natural parents of the adopted child are, from the time of adoption, relieved of all parental duties toward the child and all responsibilities for the child so adopted, and have no right over it.

Source:  39 TTC 255 (part), divided into three Sections and Section modified.

      1409.  Inheritance rights of adopted child.
     A child adopted under this title shall have the same rights of inheritance as a person adopted in accordance with recognized custom at the place where the land is situated in the case of real estate, and at the place where the decedent was a resident at the time of his death in the case of personal property.  Where there is no recognized custom as to rights of inheritance of adopted children, a child adopted under this Chapter shall inherit from his adopting parents the same as if he were the natural child of the adopting parents, and he may also inherit from his natural parents and kindred the same as if no adoption had taken place.

Source:  39 TTC 255 (part), divided into three Sections and Section modified.