Problems And Procedures in Adoption

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The adoption laws of three of the States (Massachusetts, Oregon, and Rhode Island) permitted the court to appoint a guardian ad litem or next friend to "give or withhold consent" to an adoption when there was neither parent nor guardian to do this. It was difficult to deter- mine the extent to which such guardians had actually been appointed, since the records of the State department often did not show this and the court records were not studied. Judges in Oregon and Rhode Island who were inter
...viewed on the matter were of the opinion that the investigation of the State department obviated the necessity for such appointments. One Rhode Island judge reported that he occa- sionally appointed a next friend so that there would be no basis for contest later, but he admitted that this was little more than a form, since he usually appointed "someone in the room," who merely signed the petition and made no investigation. Apparently none of the judges had considered the possibility of appointing as next friend the person making the adoption investigation.

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