Page:United States Statutes at Large Volume 77.djvu/572

 540

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

(3) a recommendation to the court whether a final decree declaring the adoption prayed for in the petition should be immediately granted, or whether the court should grant an interlocutory decree granting temporary custody of this prospective adoptee to the petitioner, as hereinafter set forth, (c) The written report submitted to the court shall be filed with. ami become part of, the records in the case. § 16-308. Investigations when prospective adoptee is a d u l t or petitioner is spouse of natural parent The court may dispense with the investigation, report, and interlocutory decree provided for by this chapter when: (1) the prospective adoptee is an adult; or (2) the petitioner is a spouse of the natural parent of the prospective adoptee and the natural parent consents to the adoption or joins in the petition for adoption. §16-309. Adoption proceedings (a) Within a pwiod of ninety days, or such time as extended by the court, after a copy of the petition and the order providing for the report is served upon the agency directed to make the investigation, the agency shall make the report and recommendation required by section 16-307 to the court and thereupon the court shall proceed to act upon the petition. (b) After considering the petition, the consents, and such evidence as the parties and any other properly interested person may present, the court may enter a final or interlocutory decree of adoption when it is satisfied that: (1) the prospective adoptee is physically, mentally, and otherwise suitable for adoption by the petitioner; (2) the petitioner is fit and able to give the prospective adoptee a proper home and education; and (3) the adoption will be for the best interests of the prospective adoptee. (c) A final decree of adoption may not be entered unless the prospective adoptee has been living with the petitioner for at least six months. (d) If it appears to be in the interest of the prospective adoptee, the court may enter an interlocutory decree of adoption, which shall by its terms automatically become a final decree of adoption on a day therein named, not less than six months nor more than one year, from the date of entry of the interlocutory decree, unless in the interim the decree shall have been set aside for cause shown. The supervising agency shall be permitted to visit the adoptee during the period of the interlocutory decree. (e) The court may revoke its interlocutory decree for good cause shown at any time before it becomes a final decree, either on its own motion or on the motion of one of the parties to the adoption. Before the revocation, notice shall be given thereof to all those persons or parties who were given notice of the original petition for adoption, and an opportunity for all of them to be heard. (f) All proceedings with reference to adoption shall be of a confidential nature and shall be held in chambers or in a sealed courtroom with as little publicity as the court deerris appropriate. § 16-310. F i n a l i t y of decrees of adoption An attempt to invalidate a final decree of adoption by reason of a jurisdictional or procedural defect may not be received by any court of the District, unless regularly filed with the court within one year following the date the final decree became effective.

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