Such instrument in writing shall be also signed by the person adopting and shall be acknowledged by all parties thereto in the same manner as deeds affecting real estate are required to be acknowledged; and shall be recorded in the recorder’s office in the county where the person adopting resides, and shall be indexed with the name of the parents by adoption as grantors and the child as grantee, in its original name if stated in the instrument, [Sec.3500.] A strict compliance in every particular with the provisions of the statutes is essential to constitute a legal adoption and to confer upon the adopted child rights of inheritance.  If a minor child has a guardian his consent must be obtained before the child can be legally adopted.

[Sidenote:  Effect.]

Upon the execution, acknowledgment and filing for record of such instrument, the rights, duties and relations between the parent and child by adoption, shall, thereafter, in all respects, including the right of inheritance, be the same that exists by law between parent and child by lawful birth. [Sec.3501].  The right of a child by adoption to inherit from the parents by adoption, depends upon a strict compliance with the requirements of the law in every particular, including the acknowledgment and recording of the articles of adoption.  It is also essential that the instrument shall be filed for record before the death of the adopted parent and while the child is a minor.  A child by adoption does not lose the right to inherit from his natural parents, but is entitled to all rights of inheritance from both natural and adopted parents.

[Sidenote:  Maltreatment.]

In case of maltreatment committed or allowed by the adopted parent, or palpable neglect of duty on his part, toward such child, the custody thereof may be taken from him and entrusted to another at his expense, if so ordered by the district court of the county where the parent resides; or the court may, on showing of the facts, require from the adopted parent, bond with security, in a sum to be fixed by him, the county being the obligee, and for the benefit of the child, conditioned for the proper treatment and performance of duty towards the child on the part of the parent; but no action of the court in the premises shall affect or diminish the acquired right of inheritance on the part of the child, to the extent of such right in a child of natural birth. [Sec.3502.]

[Sidenote:  Home for the friendless Powers.]

Any home for the friendless incorporated under the laws of this state, shall have authority to receive, control and dispose of minor children, under the following provisions.  In case of the death or legal incapacity of the father, or in case of his abandoning or neglecting to provide for his children, the mother shall be considered their legal guardian for the purpose of making surrender of them to the charge and custody of such corporation; and in all cases where the person or persons legally authorized to act as the guardian or guardians of any child are not known, the mayor of the town or city where such home is located, may, in his discretion, surrender such child to said home. [Sec.3503.]