No. V-0042 (1947).

• Case Date: January 27, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0042 (1947). 1January 27, 1947Honorable Carlos C: AshleyChairman, State Board of ControlAustin, Texas Opinion No. V-42Re: (1) Whether or not the Superintendent of an eleemosynary institution, or the Board of Control, has the authority to place for adoption a child lawfully committed to such institution with the consent of the committing Judge and without the consent of one or both parents of such child; and (2) Whether or not the Superintendent of a mental institution, or the Board of Control, is authorized to offer for adoption a child born to a patient in one of the mental institutions, without the consent of the child's sane parent, if any, or guardian.Dear Sir:We beg to acknowledge receipt of your request for an opinion upon the above entitled subject matter as follows:

"The State Board of Control is charged with the supervision of the eleemosynary institutions of Texas - among them the State Orphans' Home (Article 3208--3212 R.C.S.): Deaf, Dumb, and Blind Asylum for Colored Youths (Article 3221, 3221a, R. C. S.), and the Waco State Home (Article 3255--3259, R.C.S.). Many of the children in these three institutions are prospects for adoption. The children born to patients in our mental hospitals are also prospects for adoption. We now have the opportunity to place a child for adoption. We, therefore, respectfully request your opinion to the following questions:

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"1. Does the Superintendent of any eleemosynary institution, or the Board of Control, have authority to place for adoption a child lawfully committed to such institution with the consent of the committing Judge and without the consent of one or both parents of such child?

"2. Is the Superintendent of a mental institution, or the Board of Control, authorized to offer for adoption, a child born to a patient in one of our mental institutions, without the consent of the child's sane parent, if any, or guardian?"

We shall answer your inquiries in the order in which you have propounded them. 1. Article 46-a, Section 6, of the Statute of Adoption is as follows:

"Except as otherwise specified in this Section, no adoption shall be permitted except with the written consent of the living parents of the child. In the case of a child fourteen years of age or over, the consent of such child also shall be required and must be given

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