Louisiana Adoption Laws, Page 3

Who Must Consent to an Adoption

Statute: Ch. Code Art. 1193

  • The mother
  • The father or alleged father, if he has established parental rights
  • The biological father whose paternity has been established
  • The custodial agency who has placed the child for adoption

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Age When Consent of Adoptee is Considered or Required

Statute:

Not addressed in statutes reviewed

When Parental Consent is not Needed

Statute: Ch. Code Art. 1245

  • In an intrafamily adoption, the consent of a parent may be dispensed with when the parent with custody is married to the petitioner and the other parent has failed to support, visit, or communicate with the child without just cause for at least 6 months.

When Consent Can Be Executed

Statute: Ch. Code Art. 1122(b)(1); 1130; 1195

  • The act of surrender by the mother shall not be executed prior to the 5th day after the child's birth.
  • A father may execute act of surrender prior to or any time after the child's birth.

How Consent Must Be Executed

Statute: Ch. Code Art. 1121; 1122

  • Consent must be executed before a notary and two witnesses.
  • Prior to this, the parent must undergo at least two counseling sessions, consult with an attorney, and be informed about the Voluntary Registration Law.
  • In a private adoption, the parent must be represented by his or her own attorney at the time of the execution of consent.
  • Any parent may give consent in open court, provided:

    • The parent appears in person.
    • The court informs the parent of the consequences of his or her consent.
    • The parent voluntarily consents to the adoption.

Revocation of Consent

Statute: Ch. Code Art. 1123; 1130; 1147

  • Consent is irrevocable upon execution.
  • The father's consent is irrevocable upon execution; if it was given prior to 5 days after the child's birth, it is not irrevocable until the 5th day after the child's birth.
  • An alleged or adjudicated father's consent is irrevocable upon execution.
  • No act of surrender shall be subject to annulment except on proof of fraud or duress.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

 

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