and should be in the proposed law. Further, the bill as introduced was indefinite as to what happened on the entry of a final decree of adoption. Both these problems are corrected by the committee's amendments.

Section 12

FINALITY OF DECREES OF ADOPTION

This section is implied in the present law except that it goes further and states the time limit within which an adoption decree can be attacked for reasons of jurisdictional or procedural defects. It also brings into the law the generally accepted correct provisions relating to conflicts of laws on acceptance of adoption decrees in other jurisdictions.

Section 13

APPEAL

This section grants the right of appeal in adoption proceedings. It is implied in the present law.

Section 14

RECORDS

This section is similar to section VI of the present law.

Section 15

LEGAL EFFECTS OF DECREE OF ADOPTION

(a) Inheritance rights.-This section deals primarily with inheritance rights and the proposed law suggests a distinct change from the present law. For purposes of explanation, it may be said that the present law is called, in words of art, a "from" law, while the proposed law is called a "from and through" law. It can be best illustrated by an example. A and B have a child, C, who marries D and they adopt X. C and D die before A and B. A and B die leaving a will reading that they leave their property to their children and their heirs. Under the present District of Columbia law, X would not inherit from A and B. Under the proposed law X would inherit from A and B. The proposed law is similar to the change made in the Maryland law some years ago and brings to the foreground the growing concept that adopted children are in all respects the actual children of the adopting family. Sometimes the argument is made that in this manner a child will be sneaked in on unsuspecting grandparents but the committee believes that this situation seldom occurs. One of the members of the adoption committee of the Bar Association of the District of Columbia conducted a survey among adopting grandparents a few years ago and there was unanimity among such grandparents that they much preferred a "from and through" law. It was therefore the thought of the committee that the law should be brought into conformity with the desires. of the many and the few that objected to it could specifically change their wills to the contrary. Furthermore, the proposed change is in keeping with the idea that the greatest possible protection should be given the adopted child.

(b) Interlocutory decree.-This section is similar to the present law insofar as the effect of a final decree is concerned but probably estab lishes more protection for the adopted child in cases of interlocutory decrees. The interlocutory decree in this situation has been copied

from the Maryland interlocutory provision and provides that after an interlocutory decree, and unless and until it is set aside, the child has all of the rights of an adopted child. This would give the child the right to inherit if its adopting parents died before the decree became final. It is also an important provision in giving greater protection to the adopting parents insofar as income-tax-deductions are concerned. It has been determined that where an interlocutory decree has been given pursuant to this type of provision before December 31 of the year, that the adopting parents can take a $600 credit for the child, whereas otherwise they would have to wait until a final decree of adoption is entered before they can take the $600 credit. However, the main reason for its insertion in the law is to give better protection for the child.

Section 16

BIRTH CERTIFICATES

This section is similar to the present law as amended by the act of June 26, 1946, except that it provides that as to adoptions that took place before 1937 when the present adoption laws were adopted, a new birth certificate can be issued and the court records can be sealed. The Corporation Counsel has interpreted the present adoption law as not permitting such issuance of a new birth certificate and sealing of court records.

Section 17

MEANING OF THE TERM "CHILD"

There is no similar provision in the present District of Columbia laws.

Section 18

REPEAL AND SAVINGS PROVISION

This provision is similar to a like provision contained in the District of Columbia law when it was enacted in 1937.

Prior to the introduction of this legislation copies of the proposed bill were submitted to the following groups in the District of Columbia: Jewish Social Service Agency, Spence-Chapin Adoption Service, St. Ann's Infant and Maternity Home, the Barker Foundation, United Community Services, the Medical Society of the District of Columbia, the Bar Association of the District of Columbia, Catholic Charities of the District of Columbia, Family and Child Services, Methodist Board of Child Care, League of Women Voters, Federation of Churches, Medico-Chirurgical Society, Washington Bar Association, and the Washington Board of Trade.

The proposed legislation also has the approval of the Department of Public Welfare for the District of Columbia.

CHANGES IN EXISTING LAW

In compliance with subsection (4) of rule XXIX of the Standing Rules of the Senate, changes in existing law in the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman):

[16 D. C. CODE, CH. 2]

[That jurisdiction is hereby conferred upon the District Court of the United States for the District of Columbia to hear and determine petitions and decrees of adoption of any adult or child (nereinafter called adoptee) with authority to make such rules, not inconsistent with this Act, as shall bring fully before the court for consideration the interests of the adoptee, the natural parents, the petitioner, and any other properly interested party. No petition shall be considered by the court unless petitioner's spouse joins in the petition or consents to the adoption.

[Jurisdiction is conferred if either of the following circumstances exist: [(1) If petitioner is a legal resident of the District of Columbia;

[(2) If petitioner has actually resided in the District of Columbia for at least one year.

[The petition shall state, so far as known, the name, age, race, occupation, and address of the natural parents, when known, and of the petitioner, whether the petitioner is married or single, the age and sex of the adoptee, the property owned by the adoptee, and such other facts as the court may require.

[The court shall thereupon, if the adoptee is under twenty-one years of age, issue a rule with copy of the petition attached, which shall be served in such manner as the court shall therein direct, directed to all parties to the petition who do not appear and consent to the adoption, and to the Board of Public Welfare to verify the allegations of the petition, to make a thorough investigation for the purpose of ascertaining if the adoptee is a proper subject for adoption and if the home of the petitioner is a suitable one for the adoptee and within a period not in excess of ninety days to report its findings with recommendations to the court. If an investigation already has been made by a social agency approved by the court, the Board of Public Welfare shall accept it instead of making one itself: Provided, That the foregoing provisions of this section relating to investigations and reports by the Board of Public Welfare or an approved social agency shall not apply, if an investigation has already been made by a recognized religious or fraternal organization, having under its care minors for adoption, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and if such organization appears in the proceeding and reports to the court the results of its investigation and its recommendations with respect to the adoption.

[SEC. 2. If adoptee is under twenty-one years of age, no decree of adoption shall be made unless the court shall find that the following persons have consented to the adoption: Adoptee, if fourteen or more years of are; and the natural parents or adoptive parents by a previous adoption, if living. The consent of the father of an adoptee born out of wedlock shall not be necessary unless he has both acknowledged the adoptee and contributed voluntarily to its support. The consent of a parent who is a minor shall not be voidable because of that minority.

[If adoptee shall have attained the age of twenty-one years or over, the only consents which shall be required are those of such adoptee, and its spouse, if any. [The consent of a natural parent, or parents, or adoptive parents by a previous adoption, may be dispensed with (1) where after such notice as the court shall direct it shall appear to the court that such person or persons cannot be located; (2) where they have been permanently deprived of custody of the adoptee by court order; (3) where it shall appear to the court that they have abandoned the adoptee and voluntarily failed to contribute to his or her support for a period of at least one year next preceding the date of the filing of the petition; or (4) where investigation has shown to the satisfaction of the court extraordinary cause why such consent should be dispensed with.

[SEC. 3. After considering the petition, the consents, and such evidence as the parties and any other properly interested person may wish to present, the court may enter a final decree of adoption if it is satisfied (a) that adoptee is physically, mentally, and otherwise suitable for adoption by the petitioner; (b) that the petitioner is fit and able to give the adoptee a proper home and education; and (c) that the change will be for the best interests of adoptee.

[No final decree of adoption shall be entered unless the adoptee shall have been living with the adoptor at least six months prior to the filing of the petition. If, however, it shall appear in the interests of the adoptee, the court may enter an interlocutory decree for adoption, which decree shall by its terms automatically become a final decree of adoption on a day therein named, which shall not be more than six months from the entry of such interlocutory decree unless such decree shall be set aside for cause shown. If it shall appear in the interests of the adoptee,

the Board of Public Welfare shall visit the adoptee during the period of the interlocutory decree at regular intervals.

[SEC. 4. Notice of a final decree of adoption shall be sent to the Bureau of Vital Statistics of the Health Department. This Bureau shall cause to be made a new record of the birth in the new name and with the names of the adoptor and shall then cause to be sealed and filed the original birth certificate with the order of the court and such sealed package shall be opened only by order of court.

[SEC. 5. Entry of a final decree of adoption shall establish the relation of natural parent and natural child between adoptor and adoptee for all purposes including mutual rights of inheritance and succession the same as if adoptee was born of adoptor, except that adoptee shall not inherit from collateral relatives of or the parents of adoptor although such collateral relatives and parents of adoptor shall have the right of inheritance from adoptee. All rights and duties including those of inheritance and succession between adoptee, his or her natural parents, their issue, collateral relatives, and so forth, shall be cut off. In the event one of the natural parents shall be the spouse of petitioner, then the rights and relations as between adoptee, such natural parent, and his or her parents and collateral relatives, including mutual rights of inheritance and succession, shall in nowise be altered.

[The family name of the adoptee shall be changed to that of adoptor unless the decree shall otherwise provide, and the given name of the adoptee may be fixed or changed at the same time.

[SEC. 6. Records and papers in adoption proceedings, after the petition is filed and prior to the entry of a final decree, shall be open to inspection by the parties or their attorneys and members of the Board of Public Welfare or their agents, upon order of the court. Upon the entry of a final decree the Board of Public Welfare and the clerk of the court shall seal all papers in the proceedings. Said seals shall not be broken, and said papers shall not be inspected by any person, including the parties to the proceeding, except upon order of the court. Application for leave to inspect papers in adoption proceedings shall be by petition and shall be granted only for extraordinary cause shown. The court may appoint a master to consider and investigate the facts upon which such a petition is based, who shall make his findings and recommendations to the court.

[The clerk of the court shall keep a docket of all adoption proceedings which shall only be inspected upon order of the court upon the same conditions hereinabove set out for the inspection of papers.

[SEC. 7. Section 395 (title 15, sec. 1, New Code) of the Code of Law of the District of Columbia is hereby repealed. The provisions hereof shall have no retroactive effect and shall not be construed as affecting in any way the rights and relations obtained by any decree of adoption entered heretofore, and all proceedings instituted and pending on the date of this enactment shall be carried to their final determination in accordance with the provisions of section 395 as if this Act had not been enacted, and all orders and decrees entered therein shall remain valid and binding on all parties thereby affected.]

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