TITLE 15

Domestic Relations

CHAPTER 15-7

Adoption of Children

SECTION 15-7-8



   § 15-7-8  Notice to parents – Notice

when no parent living or when parent in mental institution. –

(a) The notice required in § 15-7-7 shall be as follows: If a parent does

not consent in writing to the adoption of his or her child, the court shall

order a copy of the petition and order that copy to be served on him or her,

personally, if found in the state; and if not, notice of the petition for

adoption shall be published once in any newspaper that the court directs. Like

notice shall also be published whenever a child has no parent living.



   (b) Whenever a parent is confined in any asylum, hospital, or

institution for mental illness, whether the asylum, hospital, or institution is

situated within or out of the state, the court shall order a copy of the

petition and order that copy, subsequently referred to as the notice, to be

served on him or her personally, which notice, if to be served within the

state, shall be served by an officer authorized by law to serve citations; but

if the notice is to be served out of the state, it may be served by any

disinterested person, who shall make return, upon oath, that he or she has made

service of the notice, the manner in which, the time when, and the place where

the service was made; provided, that before any officer or disinterested person

makes service of the notice, he or she shall apply to the physician in charge

of the asylum, hospital, or institution where the person upon whom the notice

to be served is confined, and if the physician shall return, upon oath, on the

back of the notice, that in his or her opinion service of the notice upon the

person will be injurious to his or her mental health, the officer or person

charged with the service shall leave a copy of the notice, with the physician's

return, with the keeper of the asylum, hospital, or institution and shall

return the notice, with a statement of his or her actions regarding the notice,

to the court without further service; and upon return being made in either

case, the court, having first appointed a guardian ad litem for the parent, may

proceed to act upon the petition and order.



History of Section.

(G.L. 1896, ch. 192, § 4; G.L. 1909, ch. 244, § 4; G.L. 1923, ch.

288, § 4; P.L. 1925, ch. 655, § 1; G.L. 1938, ch. 420, § 4; G.L.

1938, ch. 420, § 5; P.L. 1955, ch. 3483, § 1; G.L. 1956, §

15-7-8; P.L. 1962, ch. 106, § 1; P.L. 1963, ch. 92, § 1; P.L. 1970,

ch. 132, § 1; P.L. 1996, ch. 200, § 1; P.L. 2004, ch. 6, §

29.)