Adoption of Children
§ 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, §