43 A.2d 151 | N.H. | 1945
The statute provides that when, in bastardy proceedings, the respondent has been found chargeable, "the court shall order him to pay such sum as they deem reasonable to the mother of the child . . ., to be applied for the maintenance of the child." R. L., c. 128, s. 4.
The adoption statute provides: R. L., c. 345, s. 5, "The child so adopted shall bear the same relation to his adopting parents . . . in respect to the inheritance of property and all other incidents pertaining to the relation of parent and child as he would if he were the natural child of such parents. . . ." Ib. s. 6, "The natural parents of the child shall be deprived by the decree of all legal rights as respects the child; and the child shall be freed from all obligations of maintenance and obedience as respects his natural parents."
When we apply the above to the instant case, and read the two sections together, the summarized language is this: that the adopted child bears the same relation to his adopting parents in respect to all incidents pertaining to the relation of parent and child, and is freed from all obligations of maintenance as respects his natural parents. Though the latter phraseology may not be as clear as it could be, it can be construed to mean but one thing, that the natural parents are relieved from any further legal duty and obligation to maintain the child. If this is so as to legitimate parents, a fortiori must it be so in regard to a putative father whose obligation to support the child is the result of a specific order of the Court, and whose consent to adoption is not required.
As stated in Young v. Bridges,
It would seem clear that, under the statute providing for maintenance of bastardy children (R. L., c. 128), orders made under the statute cannot be intended to continue after the adoption of an illegitimate child. It is significant that section 4 of that chapter provides that the order is merely that the putative father be ordered "to pay such sum as they deem reasonable . . . for the maintenance of the child." In view of the admitted duty of the adopting parent to support the child, and in view of the clear statutory language of the adoption statute terminating the duties as well as the rights of the natural parents, it is clear that the Superior Court correctly ruled that the order in the bastardy proceeding was terminated, as a matter of law, by the adoption. The obligation to support one's child is statutory. Kelley v. Davis,
In the absence of information as to how and when the petitioner came to discontinue his payments and as to the ground upon which the Court relied to refuse to have the petitionee reimburse the petitioner for payments made to her after the adoption, we are unable to pass on plaintiff's exception to the Court's refusal to order such reimbursement. This may be entirely within the Court's discretion, depending on the facts and circumstances. We have no *434 authority to say that the petitioner is entitled to reimbursement as a matter of law.
Exceptions overruled.
MARBLE, C. J., was absent: the others concurred.