Louisiana Adoption Laws, pg 3

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Who Must Consent to an Adoption
Citation: Ch. Code Art. 1193; 1113

Consent to the adoption of a child shall be required of the following:
  • The mother of the child
  • The father of the child, regardless of the child's actual paternity, if any of the following apply:
    • The child is a child born of the marriage.
    • The father is presumed to be the father of the child in accordance with law.
  • The alleged father of the child who has established his parental rights in accordance with law
  • The biological father of the child whose paternity has been determined by a judgment of filiation and who has established his parental rights
  • The custodial agency that has placed the child for adoption

If a parent executing a surrender in a private adoption is a minor, the parents or tutor of the minor must join in the surrender unless the minor parent has been judicially emancipated or emancipated by marriage.

Age When Consent of Adoptee is Considered or Required

This issue is not addressed in the statutes reviewed.

When Parental Consent is not Needed
Citation: Ch. Code Art. 1193; 1245

The consent of the parent is not required if his or her rights have been terminated in accordance with Title X or XI.

The court may grant an adoption without the consent of the agency, if the adoption is in the best interest of the child and there is a finding that the agency has unreasonably withheld its consent.

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

No act of surrender by a mother shall be executed earlier than 5 days following the birth of the child.

A father may execute an act of surrender prior to the birth of the child or at any time after the birth. However, any surrender executed by a father earlier than the 5th day following the birth of the child shall not be irrevocable until the 5th day following the birth of the child.

An alleged or adjudicated father may execute an act of surrender prior to the birth of the child or at any time after the birth. His surrender shall be irrevocable upon execution.

How Consent Must Be Executed
Citation: Ch. Code Art. 1120; 1122

Prior to the execution of any surrender, a surrendering parent shall participate in a minimum of two counseling sessions with a licensed social worker, psychologist, psychiatrist, counselor, or a counselor employed by a licensed child-placing agency.

The act of surrender shall make the following declarations:

  • That the parent has no mental incapacity
  • That the parent who is a minor is joined in the act of surrender by the parents or tutor or has written consent of the court, except in acts of surrender to an agency
  • That the parent has been informed and understands that upon its execution, his act of surrender is irrevocable
  • That the parent freely and voluntarily surrenders custody of the child for the purpose of placement and adoption
  • That the parent has been informed of the provisions of the voluntary registration law whereby contact can be established between the parent and the surrendered child upon the child's reaching majority
  • That either a surrendering parent or a prospective adoptive parent has been domiciled in the State for at least 8 months, or that the child is in the custody of the Department of Social Services
  • That the parent has received a minimum of two presurrender counseling sessions or that, in the case of the father, he has waived such counseling
  • That the parent has consulted with and been fully advised by an attorney, other than the attorney, associate, partner, shareholder, or employee of the attorney's law firm or corporation for the prospective adoptive parent

The act of surrender shall be in authentic form and shall be dated and signed by the surrendering parent, the attorney for the surrendering parent, if applicable, and either the adoptive parent or attorney representing the adoptive parent who wishes to remain anonymous, or a representative of the agency.

Revocation of Consent
Citation: Ch. Code Art. 1123; 1147

Consent is irrevocable upon execution.

Except as noted in article 1130 above, no act of surrender shall be subject to annulment except upon proof of duress or fraud.

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

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