Chap. 343.—An ACT to amend and re-enact section 5333 of the Code of Vir-
ginia. | (S B 368]
Approved March 19, 1920. .

1. Be it enacted by the general assembly of Virginia, That sec-
tion fifty-three hundred and thirty-three of the Code of Virginia
be amended and re-enacted so as to read as follows:

Sec. 5333. Adoption of minor children by adult persons.—A resi-
dent of this State who is not married, or a husband and wife (resi-
dents of this State) jointly, may petition the circuit court of the
county, or the circuit or corporation court of the city in which they
reside, 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 be
given to such adoption by the child if of the age of fourteen years
and by each of his or her living parents who is not hopelessly in-
sane 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.

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
child’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.

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 decrease of such adopted child without
issue the property of such adopting parent still undisposed of shall
descend to his or her next of kin and not to the next of kin of such
adopted child. At any time after the order of the court permitting
such adoption and change of name, the parent or parents of such
minor child, or the child itself, if twenty-one years of age, and if
not twenty-one years of age, then by its next friend, or the adopting
parent or parents, 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 for and against
such petition, and if from such evidence it appears that a termina-
tion of such adoption and restoration of name is manifestly right and
proper, and especially if it be for the best interests of the child, the
court shall vacate said order of adoption and change of name, and
thereupon such child shall be restored to the identical position 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 premises so that no injus-
tice may be done. .