This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
This contract made this --------- day of --------, by and between A. B. of the City of---------, State of --------, party of the first part, and C. D. and E. F.
[husband and wife] of the City of---------, State of---------, parties of the second part, Witnesses:
That whereas said A. B. has a son G. H. who is now about---------years of age, and whereas said C. D. and E. F. wish to adopt said G. H., and A. B. consents to such adoption:
It is hereby agreed between the said parties that the said C. D. and E. F. shall adopt the said G. H. (and the said C. D. and E. F. covenant that they will institute proceedings in a court of competent jurisdiction for the purpose of effecting a legal adoption by them of said G. H.; and that they will cause such proceeding to be so conducted that a final decree of adoption shall be rendered by said court; and the said A. B. hereby agrees to enter her appearance in such proceeding and to give such consent as may be necessary to secure such decree of adoption).
The said C. D. and E. F. hereby agree to support and educate the said G. H. until he shall reach the age of twenty-one (21), as if the said G. H. were the child of the said C. D. and E. F., subject to the conditions hereinafter set forth. If such conditions, hereinafter set forth, shall be performed, said C. D. and E. F. agree that, in case they shall not furnish the said G. H. with proper support and education, they will pay a reasonable amount therefor to any person who shall furnish such support and education; and the person furnishing such support may maintain an action against said C. D. and E. F. upon this contract, to recover compensation for such support and education; and this contract is hereby declared to be for the benefit of any such person.
In case the said C. D. and E. F. fail to support and educate the said G. H. as hereinbefore set forth', and in case the said A. B. shall furnish support and education to said G. H., said C. D. and E. F. hereby agree to pay to said A. B. the amount which A. B. may expend for the support and education of said G. H.
The said A. B. hereby appoints the said C. D. and E. F., and the survivor of them, and the person named by the last will and testament, or other written appointment of the said survivor, as the guardian of the person and estate of the said G. H., with power to act as said guardian until said G. H. shall reach the age of twenty-one (21).
Said A. B. covenants to enter her appearance in any court of competent jurisdiction in which proceedings for the appointment of a guardian for the 6aid G. H. may be instituted, and she further covenants to give such consent in such form as may be required to secure the appointment as guardian of the person or persons hereinbefore indicated.
The said A. B. further covenants that she will not revoke the aforesaid appointment, or power; and that she will not resist the appointment by said court, of the person or persons hereinbefore indicated, as guardian; and that she will not apply to any court for the appointment of any other person as guardian, subject to the conditions hereinbefore set forth.
Said A. B. covenants for herself and her executors and administrators that neither she nor any person acting with her authority or at her request shall interfere with the due and reasonable discipline, training and control to be exercised by the aforesaid C D. and E. F. over the aforesad G. H.
The said C. D. and E. F. do further covenant that they will make and execute a will and testament in due form, by which they will devise and bequeath to the said G. H. the undivided---------part of their said estate.
This contract is subject to the following conditions:
If the said C. D. and E. F. shall not furnish proper support and education to the said G. H. and if they shall not furnish him with a comfortable home and treat him with the kindness due to their own child, the said A. B. may terminate this contract by a written notice to that effect, to be served upon the said C. D. or E. F. by the said A. B. or some person authorized by her to serve such notice. (In case the said A. B. shall elect to terminate such contract because of the conduct of the said C. D. and E. F., as aforesaid, the said C. D. and E. F. covenant that they will not resist a proceeding by the said A. B. in a court of competent jurisdiction to annul and set aside said decree of adoption.)
In case the said A. B. shall interfere or attempt to interfere with the control and management of the said G. H. by the aforesaid C. D. and E. F., the said C. D. and E. F. may at their option, terminate this contract by a written notice to that effect, to be served upon the said A. B. by the said C. D. and E. F., or some person appointed by them to serve such notice; and thereupon this contract shall terminate; but in such case the said C. D. and E. F. shall remain liable for the support and education of the said G. H., as aforesaid, up to the time of serving said notice.
This contract is furthermore upon the condition that the said G. H. shall behave as a dutifully and obedient child toward the said C. D. and E. F., and shall not marry without the consent of the said C. D. and E. F. until he reaches the age of twenty-one (21); and in case the said G. H. shall not conduct himself in the manner aforesaid, the said C. D. and E. F. may, at their election, terminate this contract in the manner hereinbefore set forth; but in such case, the said C. D. and E. F. shall remain liable for the support and education of the said G. H. up to the time at which such contract is thus terminated.
In witness whereof, etc.
Contracts of this sort are enforced only so far as they tend to promote the interests of the child. See 88 934 et seq.
For specific performance, see 88 3327.