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§ 342. Parental abuse

The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child, by its relative within the third degree, or by the United States attorney. If the abuse is established, the child may be freed from the dominion of the parent, and the duty of support and education enforced.

§ 343. Termination of parental authority

The authority of a parent ceases upon :

(1) the appointment by a court of a guardian of the person of a child;

(2) the marriage of the child; or

(3) its attaining majority.

§ 344. Relinquishment of services and custody

The parent, whether solvent or insolvent, may relinquish to the child the right of controlling him. Abandonment by the parent is presumptive evidence of such a relinquishment.

§ 345. Wages of minors

The wages of a minor employed in service may be paid to him.

§ 346. Residence of child

Subject to the power of the proper court to restrain a removal prejudicial to the rights or welfare of the child, a parent entitled to the custody of a child has a right to change his residence.

Sec.

CHAPTER 11—CHILDREN BY ADOPTION

381. Adoption generally.

382. Adoption by stepfather or stepmother.

383. Notice to absent or nonconsenting parent.

384. Investigation.

385. Adoption order; effect.

386. Consent to adoption of illegitimate child. 387. Adoption of illegitimate child by father.

§ 381. Adoption generally

(a) An unmarried resident of the Canal Zone, or a husband and wife jointly, may petition the district court for leave to adopt a minor child.

(b) Written consent to the adoption must be given by the child, if of the age of 14 years, and:

(1) by each living parent who is not incompetent, intemperate, or otherwise unfit, or has not abandoned the child; or

(2) if there are no such parents, or the parents are unknown, or have abandoned the child, or they are incompetent, intemperate, or otherwise unfit, then by the legal guardian; or

(3) if there is no legal guardian, then by a discreet and suitable person appointed by the court to act in the proceeding as next friend of the child.

(c) When the child is an inmate of a charitable institution within the Canal Zone, and has been previously abandoned by its parents or guardians thereto, written consent to the adoption by the head of the institution is required.

(d) This section does not authorize a guardian to adopt his ward before the termination of the guardianship and the final settlement and approval, by the court, of his accounts as guardian.

§ 382. Adoption by stepfather or stepmother

(a) A resident of the Canal Zone, the husband or wife of a parent who has a minor child by a deceased or divorced former spouse, may petition the district court for leave to adopt the minor child and change his name.

(b) Written consent to the adoption is required, as provided by section 381 of this title, except that if the custody of the child has been awarded to the petitioner's spouse, the consent of the other parent is not required.

§ 383. Notice to absent or nonconsenting parent

In cases of adoption where the consent of a parent is required, and it is alleged in the petition that the parent refuses to sign the consent, or is a resident of the Republic of Panama or elsewhere, an order to the parent to show cause why the petition should not be granted may be entered by the court. The order shall be published in accordance with section 163 of Title 5.

§ 384. Investigation

Upon the filing of a petition for adoption, the court may order an investigation to be made by a representative designated by the court and may further order that a report of the investigation shall be filed with the court within the time fixed in the order. The investigation may include the conditions and antecedents of the child for the purpose of determining whether he is a proper subject for adoption; appropriate inquiry to determine whether the proposed home is a suitable one for the child; and any other circumstances and conditions which may have a bearing on the adoption and of which the court should have knowledge. The report of the investigation shall become a part of the files in the case, and the court may require that the report contain a definite recommendation for or against the adoption and state reasons therefor.

§ 385. Adoption order; effect

(a) When this chapter is complied with, if the court is satisfied with 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 the adoption, it shall make an order setting forth the facts and declaring that from that date the child, to all legal intents and purposes, is the child of the petitioner and that its name is thereby changed. The order shall be recorded in the records of the court.

(b) The natural parents, except the spouse of the petitioner when a child is adopted pursuant to section 382 of this title, shall, by the order referred to in subsection (a) of this section, be divested of all legal rights and obligations in respect to the child, and the child shall be free from all legal obligations of obedience and maintenance with respect to them. The child shall be to all intents and purposes the child and legal heir of the person 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.

§ 386. Consent to adoption of illegitimate child

If the child to be adopted is illegitimate, the consent of the father to adoption is not required.

§ 387. Adoption of illegitimate child by father

The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as his own, 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 a legitimate child; and the child is thereupon deemed for all purposes legitimate from the time of its birth. Sections 381-386 of this title do not apply to such an adoption.

Sec.

CHAPTER 13-SUPPORT OF RELATIONS

421. Support of wife.

422. Support of wife on abandonment or separation; husband's earnings. 423. Support of husband.

424. Duties of parents; support and education.

425. Death of parent without providing for support.

426. Reciprocal duties of parents and children.

427. Action for relief from obligation to support parent.

428. Parent's liability for necessaries or support.

429. Wife's children by former marriage.

430. Compensation and support of adult child.

431. Penalty for abandonment or failure to support wife or child.

§ 421. Support of wife

If a husband neglects to make adequate provisions for the support of his wife, except in the cases provided for by section 422 of this title, any other person may, in good faith, supply her with articles necessary for her support, and recover their reasonable value from the husband. § 422. Support of wife on abandonment or separation; husband's earnings

A husband abandoned by his wife is not liable for her support until she offers to return, unless she was justified in abandoning him by his misconduct. During the period of unjustified abandonment, prior to the wife's offer to return, the earnings of the husband are his separate property.

A husband is not liable for his wife's support when she is living separate from him by written agreement, unless the support is stipulated in the agreement.

§ 423. Support of husband

A wife shall support the husband out of her separate property when:

(1) he has not deserted her;

(2) he does not have separate property;

(3) there is no community property; and

(4) he is unable, from infirmity, to support himself.

§ 424. Duties of parents; support and education

A parent entitled to the custody of a child shall give him support and education suitable to his circumstances; but if a child has sufficient earnings of his own, the cost of his support and education may be taken therefrom. If the support and education which the father of a legitimate child is able to give are inadequate, the mother shall assist him to the extent of her ability.

§ 425. Death of parent without providing for support

If a parent chargeable with the support of a child dies, leaving it a public charge, and leaving an estate sufficient for its support, the United States attorney may claim provision for its support from the parent's estate by civil action. For this purpose, the United States attorney may have the same remedies as any creditor against the estate, and against the heirs and next of kin of the parent.

§ 426. Reciprocal duties of parents and children

A father, mother, and children of a poor person unable to maintain himself by work, shall maintain him to the extent of their ability. The promise of an adult child to pay for necessaries previously furnished to his parent is binding.

§ 427. Action for relief from obligation to support parent (a) An adult person may file in the division of the district court where his parent resides a verified complaint alleging that:

(1) while the plaintiff was a minor, he was abandoned by the parent, and the abandonment continued for a period of two or more years prior to the time the plaintiff reached the age of 18 years; and

(2) the parent, during the period provided for by paragraph (1) of this subsection, was physically and mentally able to support the plaintiff

and praying the court to free the plaintiff from the obligation otherwise imposed by law to support the parent.

(b) Upon the filing of a complaint under subsection (a) of this section, the clerk shall set it for hearing by the court, and issue a summons directed to the parent setting forth the time and place of the hearing. The summons and a copy of the complaint shall be personally served on the parent, in the same manner as that provided by law for the service of a summons in civil actions, at least five days before the time of hearing. If, upon the hearing, the court determines that the allegations in the complaint are true, it shall render a judgment granting the relief prayed for.

(c) A person released from the obligation to support a parent, as provided in this section, shall be deemed to be so released with respect to any law of the Canal Zone under which a child is required to pay for the support, care, maintenance, and the like, of a parent.

§ 428. Parent's liability for necessaries or support

(a) If a parent neglects to provide articles necessary for his child under his charge, according to his circumstances, a third person may in good faith supply them, and recover the reasonable value thereof from the parent.

(b) A parent is not bound to compensate the other parent or a relative for the voluntary support of his child, without an agreement for compensation.

(c) A parent is not bound to compensate a stranger for the support of a child who has abandoned the parent without just cause. § 429. Wife's children by former marriage

A husband is not bound to maintain his wife's children by a former husband; but if he receives them into his family and supports them, it is presumed that he does so as a parent, and they are not liable to him for their support, nor he to them for their services.

§ 430. Compensation and support of adult child

Where a child, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation, in the absence of an agreement therefor.

§ 431. Penalty for abandonment or failure to support wife or child

A husband, or a parent, lawfully chargeable with the support or maintenance of the wife or child, who abandons, or willfully fails, without lawful excuse, to furnish support or maintenance to the wife or child, shall be fined not more than $100 or imprisoned in jail not more than 30 days or both.

Sec.

CHAPTER 15-ESTABLISHING PATERNITY

SUBCHAPTER I-PATERNITY PROCEEDINGS

461. Persons who may bring action; certificate where child unborn; nature of action.

462. Jurisdiction; complaint; procedure.

463. Jury trial.

464. Agreement or compromise.

465. Competency of mother to testify; dying declarations.

466. Judgment; payments.

467. Writ of execution on failure to make support payments.

468. Action when putative father has died; claim against estate when father dies.

SUBCHAPTER II-BLOOD TESTS TO DETERMINE PATERNITY

491. Authority for test.

492. Selection of experts.

493. Compensation of expert witnesses.

494. Effect of test results.

495. Applicability to criminal actions.

496. Uniformity of interpretation.

497. Short title.

Subchapter I-Paternity Proceedings

§ 461. Persons who may bring action; certificate where child unborn; nature of action

(a) An action pursuant to this subchapter may be brought by:

(1) a female resident of the Canal Zone who has delivered an illegitimate child or who is pregnant with a child which, if born alive, would be illegitimate; or

(2) an illegitimate child or, if the illegitimate child is a minor or otherwise incompetent, his next friend.

(b) An action for the support of a child still unborn may not be brought unless the mother files a certificate from an authorized physician specifying that she is pregnant.

(c) If the mother was married when the illegitimate child was conceived, but living separate and apart from her husband, an action for support of the illegitimate child may be brought in the manner provided by this subchapter.

(d) An action pursuant to this subchapter is in the nature of a civil action.

§ 462. Jurisdiction; complaint; procedure

(a) The district court has exclusive jurisdiction of actions under this subchapter.

(b) The action is brought by the filing of a verified complaint in the division of the court in which the plaintiff resides. The court shall proceed without unnecessary delay to a trial upon the complaint, and, except as otherwise provided by this subchapter, proceedings upon the complaint, including the issuance and service of summons, service of a copy of the complaint, and the giving of security for costs when required by the court, shall conform, as nearly as may be practicable, to proceedings in civil actions.

§ 463. Jury trial

An action pursuant to this subchapter shall be tried by jury, if either the plaintiff or defendant demands that it be so tried.

§ 464. Agreement or compromise

If, at any time before judgment in an action pursuant to this subchapter, the defendant pays or secures to be paid to the plaintiff such sums of money or property as the plaintiff may, with the approval of

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