Chap. 306.—An ACT to amend and re-enact an act entitled an act to legalize
the adoption of minor children by adult persons, approved February
5, 1892.
Approved March 16, 1910.

1. Be it enacted by the general assembly of Virginia, That an act enti-
tled an act to legalize the adoption of minor children by adult persons,
approved February fifth, eighteen hundred and ninety-two, be amended
and re-enacted so as to read as follows:

S1. That an inhabitant of this State not married or a husband and
wife jointly may petition the county or circuit court of their proper
county, or the corporation or circuit court of their proper city, for leave
to adopt a minor child not theirs by birth and for a change of the name
of such child; but a written consent must he given to such adoption by
the child if of the age of fourteen vears and by each of his or her living
parents who is not hopelessly insane or habitually intemperate or has not
abandoned such child; or if there are no such parents or if the parents are
unknown or have abandoned such child or if they are hopelessly insane or
habitually intemperate, then by the legal guardian; or if there be 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; but if such
parents or guardian join in said petition it shall be deemed such consent
in writing.

§2. When the foregoing provisions are complied with if the court is
satisfied of the ability of the petitioner to bring up and educate the child
properly, having reference to the degree and condition of the chil«d’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 such child,
to all legal intents and purposes, is the child of the petitioner and that
its name is thereby changed.

§3. The natural parents shall, by such order, be divested of all legal
rights and obligations in respect to the child and the child be free from
all legal obligations of obedience and maintenance in respect to them;
such child shall be, to all intents and purposes, the child and heir at law
of the person so adopting him or her, entitled to all the rights and
privileges and subject to all the obligations of a child of such person
begotten in lawful wedlock; but on the decease of such person and the
subsequent decease of such adopted child without issue the propeity of
such adopted parent still undisposed of shall descend to his or her next
of kin and not to the next of kin of such adopted child.

§4. At any time after the order of court permitting such adoption
and change of name, the parent or parents of such minor child, or such
child itself if twenty-one years of age, and if not twenty-one vears of age,
then by its next friend, may petition the court which entered such order
of adoption, to vacate the same and terminate the adoption and restore
the former name. And the court shall hear evidence in support of such
petition, and if, from such evidence, it appears that a termination of
such adoption and restoration of name shall be for the best interest of
said child the court shall vacate said order of adoption and change of
name, and thereupon such child shall be restored to the identical posi-
tion and name it held before such order of adoption. But before the
court acts upon such petition, ten days’ notice in writing shall be given
to the person or persons who had been permitted to adopt said child ;
and if said petition be filed by the next friend of said child, or by its
parent or parents, and said child be over fourteen years of age, the court
shall require said child to appear before it and ascertain its wishes in the
matter, though the court need not be controlled thereby. And the court
shall see that all the property rights of such child, as well as of the person
or persons adopting it, are protected, and may make such order as may
be proper in the premiscs so that no injustice may be done.