THE EPIDEMIC OF ADOPTION.
[To sae EDITOR OF THE "SPECTATOR.')
Sia,—You ask in your article on adoption whether the epidemic of adoption is going to stay. There are many obvious reasons why a childless couple should be encouraged to adopt a child rather than vent their parental feelings on cats or dogs. In the present state of our law, however, adoption can hardly ever be satisfactory, as it is not recognized by law as creating a change in status. The relationship or tie between the parties is of the slightest. There are no mutual rights and duties created by law. At best the child's right against its adopted parents is regulated by a trust deed or in contract with the outside parties. The adopted parents have no rights as against the child, except possibly those of guardianship created by the private contract. At any moment its 'lateral parents or parent may insist on its being returned to them (see the decisions in the Bernardo cases). Under such cir- cumstances the relationship requires for its continued existence the exercise of great tact and forbearance and may be severed at any moment—a condition of affairs which is not very conducive to natural love and affection, which is the raison d'tre of the rela- tionship. In France adoption is successful and constitutes a true tie owing to its being provided for by the Code. Under French law adoption is a semi-public act and irrevocable. For all pur- poses the adopted child and the adopted parents have the same legal rights and duties inter se as if it were a natural child. The adopting parents are bound by law to support such child and its descendants as if it were actually theirs, and it, on the other hand. has the same legal duties towards its adopted parents as if they were its natural parents. The child therefore is entitled to its part legate in the parents' succession. It is for all purposes a member of the family. In other words, the relationship, being provided for by law, is stable, and not subject to the caprices of either party. Some legislation on these lines will be required if adoption is to be a reality. It will also be necessary to enable parents to give up their rights in a child, and at the same time to provide that the child so adopted shall not succeed in the case of an intestacy to the property of the parents who have given it up.—I am, Sir, &c.,
E. Btscitwoon Waieur.
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