adoption defined in 1939 year

adoption - Adoption (Lat. ad, to; optare, to select);
adoption - Legalized transfer of the parental rights and duties in respect of a child to some person other than the child's parent or guardian. Until the Adoption of Children Act, 1926, and in Scotland, the Adoption of Children (Scotland) Act, 1930, no such transfer was possible in the United Kingdom. These Acts enable such a transfer to take place on an adoption order being made by a Court, and references here to "adoption" are to adoption by such an order. It was, and to a limited extent still is, possible for a person to take a child permanently into his custody, the parents consenting, without any adoption order. But in such cases the father (or, if the child is illegitimate, the mother) may later reclaim it unless this would be injurious to the child.

Before an adoption order can be made, the parents or guardians of the child must consent, unless their consent is dispensed with by the Court. Any unmarried person under 21 may be adopted. Husband and wife may jointly adopt a child. Unless the adopter is the child's mother, the adopter must be at least 25 years old. The adopter must also be at least 21 years older than the child, except when the adopter and child are within the prohibited degrees of consanguinity or the application is made by husband and wife jointly and the wife is the mother, or the husband is the father, of the child. A male person cannot, except in special circumstances, be the sole adopter of a female.

After a child is adopted, an entry in accordance with the adoption order is made in the adopted children register kept by the registrar-general of births, deaths, and marriages; and a certified copy of this entry may thereafter be used to prove the child's age instead of the usual birth certificate. This adoption certificate shows that the child is not the natural child of the adopters but does not reveal who its natural parents are. Although full records are kept at the registry they can be inspected only with permission from the Court.

Prevention of Abuses

Provisions have been made to prevent abuses in arranging adoptions and to protect children. All "bodies of persons" (except a local authority) arranging adoptions must be registered as an adoption society with the county or county borough council. When an adoption is arranged by an adoption society, there is a probationary period of three months. During this period the intending adopter may give up the child or the society may remove it. After that time the intending adopter must apply for an adoption order within a further three months or give up the child.

When the intending adopter and the child are brought into touch with one another through some private individual (e.g. a doctor or minister) who is not the parent or guardian or a relation of the child, notice must be given to the local welfare authority seven days before the intending adopter takes possession of the child. This does not apply where the child is nine years old or more. Child protection visitors may visit the child until it reaches the age of nine or until an adoption order is obtained.

With some minor exceptions, no one except a local authority may receive any payment in connexion with arranging an adoption. It is illegal for anyone to advertise that he or she wishes to have a child adopted or to adopt a child, and only a registered adoption society or a local authority may advertise that they are prepared to arrange adoptions.

The adoption order transfers to the adopter all rights and duties relating to the custody, maintenance, and education of the child. Eights of property are, however, not affected, so that neither adopter nor child acquires any right to succeed to property should the other die intestate. Bequests by will from an adopter to an adopted child or to the adopted child's wife (or husband) or issue, or bequests to an adopter from such persons, are chargeable with legacy or succession duty at the same rate as if the adopted child had been the real child of the adopter, instead of at the higher rate normally chargeable on bequests to persons not related by blood.

Adoption was a legal and common practice in ancient Greece and Rome. In Greece a man could adopt a son posthumously by provision in his will.

near adoption in Knolik

letter "A"
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