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Custody of child pending divorce proceedings: 138.

See sec.

$ 215. Child legitimized by marriage of parents. A child born before wedlock becomes legitimate by the subsequent marriage of its parents. En. Stats. 1873-4, 195.

Cal.Rep.Cit. 57, 491; 96, 563; 96, 570; 96, 572.

CHAPTER II.

ADOPTION. $221. Child may be adopted.

222. Who may adopt. $ 223, Consent of wife necessary. § 224. Consent of child's parents. Children in orphan asylums. $ 225. Consent of child.

226. Proceedings on adoption. 227. Judge's order.

228. Effect of adoption. $ 229. Effect on former relations of child. $ 230. Adoption of illegitimate child.

$221. Child may be adopted. Any minor child may be adopted by any adult person, in the cases and subject to the rules prescribed in this chapter. En. March 21, 1872. Cal.Rep.Cit. 75, 381; 81, 441; 81, 446; 102, 79.

$ 222. Who may adopt. The person adopting a child must be at least ten years older than the person adopted. En. March 21, 1872. Am'd. 1873-4, 195.

Cal.Rep.Cit. 98, 537.

$223. Consent of wife necessary. A married man, not lawfully separated from his wife, cannot adopt a child without the consent of his wife, nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife, not consenting, is capable of giving such consent. En. March 21, 1872. Am'd. 1873-4, 195.

Cal.Rep.Cit. 98, 537; 102, 79.

224. Consent of child's parents. Children in orphan asylums. A legitimate child can not be adopted without the consent of its parents, if living; nor an illegitimate child without the consent of its mother, if living; except that consent is not necessary from a father or mother de. prived of civil rights, or adjudged guilty of adultery or cruelty, and for either cause divorced, or adjudged to be habitually intemperate in the use of intoxicants, or who nas been judicially deprived of the custody of the child on account of cruelty or neglect; neither is the consent of any one necessary in the case of any abandoned child; provided, however, that any such child, being a half orphan, and kept and maintained in any orphan asylum in this state for more than two years, may be adopted with the consent of the managers of such orphans' home without the consent of the parent unless such parent has paid toward the expenses of maintenance of such half orphan at least a reasonable sum during the said time, if abie to do so. Any child deserted by both parents, or left in the care and custody of another by its parent or parents, without any agreement or provision for its support, for the period of one year, is deemed to be an abandoned child within the meaning of this section, and where the parent is a non-resident of this state such child may without the consent of either parent be adopted with the consent of the managers of such home whenever it has been left in such home for more than one year. En. March 21, 1872. Am'd. 1891, 24; 1893, 112; 1895, 39; 1903, 114.

Cal.Rep.Cit. 57, 491; 98, 537; 102, 81; 106, 379; 106, 381.

8 225. Consent of child. The consent of a child, if over the age of twelve years, is necessary to its adoption. En. March 21, 1872.

Cal.Rep.Cit. 98, 537.

$ 226. Proceedings on adoption. The person adopting a child, and the child adopted, and the other persons, if within or residents of this state, whose consent is necessary, must appear before the judge of the superior court of the county where the person adopting resides, and the necessary consent must thereupon be signed and an agree. ment be executed by the person adopting, to the effect that the child shall be adopted and treated in all respects as his own lawful child should be treated. If the persons whose consent is necessary are not within or are not residents of this state, then their written consent, duly proved or acknowledged, according to sections eleven hundred and eighty-two and eleven hundred and eighty-three of this

code, shall be filed in said superior court at the time of the application for adoption. En. March 21, 1872. Am'd. 1875-6, 69; 1880, 4. Cal.Rep.Cit. 87, 640; 96, 567; 98, 537; 98, 547; 98, 552;

102, 77. $ 227. Judge's order. The judge must examine all persons appearing before him pursuant to the last section, each separately, and if satisfied that the interests of the child will be promoted by the adoption, he must make an order declaring that the child shall thenceforth be regarded and treated in all respects as the child of the person adopting. En. March 21, 1872. Cal.Rep.Cit. 57, 491; 75, 218; 75, 219; 98, 536; 98, 537;

98, 538; 98, 547 ; 102, 77 ; 102, 80; 106, 565; 106, 566; 131, 470. $ 228. Effect of adoption. A child, when adopted, may take the family name of the person adopting. After adoption, the two shall sustain towards each other the legal relation of parent and child, and have all the rights and be subject to all the duties of that relation. En. March 21, 1872. Am'd. 1873-4, 195.

Cal.Rep.Cit. 57, 491; 75, 219; 106, 379; 131, 182.

$ 229. Effect on former relations of child. The parents of an adopted child are, from the time of the adoption, relieved of all parental duties towards, and all responsibility for, the child so adopted, and have no right over it. En. March 21, 1872.

Cal.Rep.Cit. 106, 379.

$ 230. Adoption of illegitimate child. The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such; and such child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this chapter do not apply to such an adoption. En. March 21, 1872. Cal.Rep.Cit. 52, 86; 52, 87; 56, 419; 57, 491; 75, 381;

75, 382; 81, 421; 81, 441; 81, 442; 81, 444; 81, 445 ; 81, 446; 81, 447 ; 81, 457 ; 96, 557; 96, 558; 96, 559; 96, 560; 96, 572; 96, 573; 96, 576; 96, 582; 96, 591; 96, 592; 96, 594 ; 96, 595; 102, 262; 127, 434; 135, 386 ; 135, 388; 136, 395; 136, 396; 137, 299, 137, 300.

TITLE III.

GUARDIAN AND WARD. $236. Guardian, what. $ 237. Ward, what.

238. Kinds of guardians. $ 239. General guardian, what.

240. Special guardian, what.

241. Appointment by parent. $ 242. No person guardian of estate without appointment.

243. Appointment by court.

244. Same. $ 245. Jurisdiction.

246. Rules for awarding custody of minor. 247. Powers of guardian appointed by court.

248. Duties of guardian of the person. $ 249. Duties of guardian of estate. $ 250. Relation confidential.

251. Guardian under direction of court. 252. Death of a joint guardian.

253. Removal of guardian. $ 254. Guardian appointed by parent, how superseded. $ 255. Suspension of power of guardian. $256. Release by ward. § 257. Guardian's discharge. $ 258. Insane persons.

8 236. Guardian, what. A guardian is a person appointed to take care of the person or property of another. En. March 21, 1872.

Cal.Rep.Cit. 117, 644.

$ 237. Ward, what. The person over whom or over whose property a guardian is appointed, is called his ward. En. March 21, 1872.

8 238. Kinds of guardians. Guardians are either: 1. General; or, 2. Special. En. March 21, 1872. Testamentary guardians: See sec. 241. Guardians ad litem: See Code Civ. Proc., secs. 372, 373.

$ 239. General guardian, what. A general guardian is a guardian of the person or of all the property of the ward within this state, or of both. En. March 21, 1872.

$ 240. ecial guardian, what. Every other is a special guardian. En. March 21, 1872.

$ 241. Appointment by parent. A guardian of the person or estate, or of both, of a child born, or likely to be born, may be appointed by will or by deed, to take effect upon the death of the parent appointing:

1. If the child be legitimate, by the father, with the written consent of the mother; or by either parent, if the other be dead or incapable of consent;

2. If the child be illegitimate, by the mother. En. March 21, 1872. Am'd. 1873-4, 195. Cal.Rep.Cit. 84, 596; 84, 597; 109, 646; 109, 647; 128, 218;

130, 383. Bond of testamentary guardian: Code Civ. Proc., sec. 1758.

$ 242. No person guardian of estate without appointment. No person, whether a parent or otherwise, has any power as guardian of property, except by appointment as hereinafter provided. En. March 21, 1872.

Same principle as expressed in sec. 202, ante. And as to power of guardian appointed by the court, see sec. 247, infra.

$ 243. Appointment by court. A guardian of the person or property, or both, of a person residing in this state, who is a minor, or of unsound mind, may be appointed in all cases, other than those named in section two hundred and forty-one, by the superior court, as provided in the Code of Civil Procedure. En. March 21, 1872. Am'd. 1873-4, 196; 1880, 4. Cal.Rep.Cit. 84, 596; 109, 646; 109, 647; 109, 649; 128, 218;

130, 383. Judicial appointment of guardian of minor: See Code Civ. Proc., sec. 1747.

Judicial appointment of guardian of insane or incompetent persons: See Code Civ Proc., sec. 1763.

Act providing for appointment of guardian of orphans: See post, Appendix, title Infancy.

$244. Same. A guardian of the property within this state of a person not residing therein, who is a minor, or of unsound mind, may be appointed by the superior court. En. March 21, 1872. Am'd. 1880, 4.

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