reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Children's Code › Art. 1107.3. . Intent to surrender for adoption; capacity; legal counseling, affidavit; effect on parental rights

Art. 1107.3. Intent to surrender for adoption; capacity; legal counseling, affidavit; effect on parental rights
A. A pregnant female or mother of a child may execute an act of intent to surrender for adoption if she meets the requirements for capacity to execute an act of surrender as set forth in Articles 1111 through 1114.
B. In all private adoptions, she must receive legal counseling in accordance with Article 1121(A). Her counsel shall execute an affidavit of counsel, which shall be attached to the intent to surrender for adoption and comply with the requirements of Article 1121(C).
C. Execution of an intent to surrender for adoption shall have no effect upon the parental rights of the pregnant female or mother of a child or of the legal father.
Acts 2003, No. 564, §1.
2023 Louisiana Laws › Children's Code › Art. 1107.6. Failure to file timely objection to adoption; termination of parental rights

Art. 1107.6. Failure to file timely objection to adoption; termination of parental rights
A. To preserve his right to oppose a subsequent adoption, the alleged or adjudicated father shall file an objection, in accordance with Article 1107.8, within fifteen days of service of the notice of intent to surrender for adoption, or, if the child has not yet been born, within five days of the birth of the child, whichever is earlier.
B. If the father fails to file a timely objection, he shall be deemed to have waived notice of the filing and service of any pleading in any subsequent surrender or adoption proceeding and to have no cause of action to challenge the child's adoption.
C. The court shall, upon motion, render an order terminating the parental rights of both parents if:
(1) A motion for hearing to determine the father's rights or a surrender by the mother is filed within ninety days of the filing of the intent to surrender.
(2) The surrender is filed in court in accordance with Article 1131.
(3) In accordance with Article 1131(C), the court finds that the surrender meets the requirements of this Title.
Acts 2003, No. 564, §1.
2023 Louisiana Laws › Children's Code › Art. 1107.7. Objection to intent to surrender for adoption; effect

Art. 1107.7. Objection to intent to surrender for adoption; effect
A. If an alleged or adjudicated father timely files with the court an objection to the intent to surrender for adoption, in accordance with Article 1107.8, he shall be deemed to have filed a timely opposition to the adoption in accordance with Article 1137.
B. Within ninety days of the filing of her intent to surrender, the mother may file a motion for hearing to determine the father's parental rights. The court shall schedule a hearing to decide whether the father has established or forfeited his parental rights in accordance with Article 1138 within twenty days after the time the father was served with the motion for hearing. If the father fails to establish his parental rights, he shall be deemed to have waived notice of the filing and service of any pleading in any subsequent surrender or adoption proceeding and to have no cause of action to challenge the child's adoption and his parental rights are subject to termination upon the filing and approval of the mother's surrender.
C. If the mother thereafter files a surrender within ninety days of the filing of her intent to surrender and the father's rights have not been previously determined to be waived pursuant to Paragraph B of this Article, such a father shall be entitled to receive notice of its filing. The court shall schedule a hearing to decide whether the father has established or forfeited his parental rights, in accordance with Article 1138, within twenty days after the time he was served with the notice of the surrender.
D. If the mother does not file a motion for hearing pursuant to Paragraph B of this Article or thereafter file a surrender within ninety days of the filing of her intent to surrender, the intent to surrender shall be dissolved and shall be without legal consequences. Evidence of the intent to surrender, now dissolved, shall not be considered evidence of unfitness.
Acts 2003, No. 564, §1.
2023 Louisiana Laws › Children's Code › Art. 1107.9. Notice of filing of intent to surrender for adoption; service upon identified alleged fathers, residents and nonresidents

Art. 1107.9. Notice of filing of intent to surrender for adoption; service upon identified alleged fathers, residents and nonresidents
Notice of filing of an intent to surrender for adoption shall be given by personal service or by registered or certified mail, return receipt requested, delivery restricted to the addressee, to any alleged or adjudicated and identified father.
Acts 2003, No. 564, §1.
2023 Louisiana Laws › Children's Code › Art. 1108. Authority to surrender

CHAPTER 3. AUTHORITY TO SURRENDER
Art. 1108. Authority to surrender
A. Subject to the provisions for capacity found in Chapter 4 of this Title any parent may execute a voluntary act of surrender.
B. If the parents are dead or are unknown, the child's tutor may execute the act of surrender for adoption.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1109. Domiciliary requirements

Art. 1109. Domiciliary requirements
A surrendering parent must be domiciled in this state for at least eight months, unless a prospective adoptive parent has been domiciled in this state for at least eight months, or the child is in the custody of the Department of Children and Family Services.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1243, §2, eff. Jan. 1, 2000; Acts 2001, No. 1064, §2.
2023 Louisiana Laws › Children's Code › Art. 1112. Inability due to court intervention

Art. 1112. Inability due to court intervention
A. Except as provided herein, a parent may not execute a private surrender once custody of that child has been removed from the parent by order of a juvenile court and the child has been placed in the legal custody of any person or agency or if the child is the subject of a pending termination of parental rights proceeding.
B. Upon notice to the department and after a contradictory hearing, if requested by the department, a parent may, with approval of the court, execute a private surrender of a child in the legal custody of the department to the foster parent with whom the child was placed by the department.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 1113. Minor parents

Art. 1113. Minor parents
A. Except as otherwise provided herein, 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 under Civil Code Article 385 or emancipated by marriage under Civil Code Articles 379 through 384.
B. When the parents of the minor are separated or divorced, only the parent who has legal custody of the minor must join in the surrender.
C. When the minor's parents or tutor refuse to join in the act or cannot be located, the court may authorize the minor to surrender without the required consent if it finds that the minor is sufficiently mature and well-informed to surrender his child for adoption or that the surrender is otherwise in the child's best interest.
D. In an intrafamily adoption, the parents or tutor of the minor parent must join in the minor's consent to his child's adoption unless the court finds that the minor is sufficiently mature and well-informed to surrender his child for adoption or that the surrender is otherwise in the child's best interest.
E. A minor may surrender to an agency without the consent of the parents or tutor of the minor.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000.
2023 Louisiana Laws › Children's Code › Art. 1114. Mentally incapacitated parents

Art. 1114. Mentally incapacitated parents
Any parent who has been interdicted or who the court finds to be mentally incapable of giving a knowing and voluntary surrender shall not execute an act of surrender. Any act of surrender executed by an interdicted or mentally incapacitated parent is subject to annulment under Chapter 12 of this Title.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1115. Authority generally; preplacement approval

CHAPTER 5. AUTHORITY TO ACCEPT SURRENDER
Art. 1115. Authority generally; preplacement approval
A. A surrender may be made to any person or agency qualified to petition for the adoption of the child.
B. Prior to the execution of a surrender for private adoption pursuant to Chapter 10 of Title XII, each prospective adoptive parent shall obtain preplacement approval as required by Chapter 2 of Title XII.
C. Either a certification for adoption or a court order approving the adoptive placement, completed or brought current within the previous twelve months, shall be provided to the attorney for the prospective adoptive parents for filing with the surrender.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 2003, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 1117. Domiciliary requirements; acceptance of surrender

Art. 1117. Domiciliary requirements; acceptance of surrender
A. If a surrendering parent is not domiciled in this state, then the agency shall be domiciled in this state or be accepting the surrender of a child who is in the custody of the Department of Children and Family Services.
B. In order for a surrender to an agency to be effective, the agency accepting the surrender shall either be the Department of Children and Family Services or have been issued a child-placing or adoption license by the department.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1243, §2, eff. Jan. 1, 2000; Acts 2001, No. 1064, §2; Acts 2008, No. 584, §1; Acts 2017, No. 59, §1, eff. June 3, 2017.
2023 Louisiana Laws › Children's Code › Art. 1119. Anonymity; limitations upon attorney as representative

Art. 1119. Anonymity; limitations upon attorney as representative
A. For purposes of insuring anonymity in private adoptions, an attorney at law licensed to practice in this state may be named in the surrender as representative of the accepting person. The named attorney may facilitate transfer of the child to the accepting person.
B. The attorney shall not be deemed the legal custodian of the child for any reason, including the satisfaction of the domiciliary requirement of Article 1117 of this Title or for the determination of jurisdiction or venue in any subsequent adoption proceeding.
C. The prospective adoptive parent need not be informed of the identity of the surrendering parent nor be shown the petition or other documents connected with the adoption proceeding, including any certification for adoption or court order approving the adoptive placement as required by Chapter 2 of Title XII.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1120. Pre-surrender counseling; affidavit

CHAPTER 6. COUNSELING REQUIREMENTS
Art. 1120. Pre-surrender counseling; affidavit
A. Prior to the execution of any surrender, a surrendering parent shall participate in a minimum of two counseling sessions relative to the surrender with a licensed social worker, licensed psychologist, medical psychologist, licensed psychiatrist, licensed counselor, or a counselor employed by a licensed child-placing agency.
B. The counselor shall execute an affidavit attesting that the surrendering parent attended a minimum of two sessions, and stating whether the surrendering parent appeared to understand the nature and consequences of his intended act. The affidavit of the counselor shall be attached to the act of surrender.
C. If, in the opinion of the counselor, there is any question concerning the parent's mental capacity to surrender, the basis for these concerns shall be stated in the affidavit. If indicated, the affidavit shall contain a specific recommendation for any further evaluation that may be needed to ascertain the parent's capacity.
D. If he is a major, any surrendering father of a child may waive the counseling otherwise mandated by Paragraph A of this Article. In this case, the attorney or counselor shall execute an affidavit attesting to the father's waiver and that he appeared to understand the nature and consequences of his intended act. The affidavit of the counselor or attorney shall be attached to the act of surrender.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2003, No. 567, §1; Acts 2009, No. 251, §13.
2023 Louisiana Laws › Children's Code › Art. 1121. Legal counseling; affidavit

Art. 1121. Legal counseling; affidavit
A. In all surrenders for private adoption, the surrendering parent and his representative, if applicable, or the child's tutor, as provided in Article 1108, shall be represented at the execution of the act by an attorney at law licensed to practice law in Louisiana; however, the attorney representing such person shall not be the attorney who represents the person who is the prospective adoptive parent, or an attorney who is an associate, partner, shareholder, or employee of the attorney, law firm, or corporation representing the prospective adoptive parent.
B. Counsel for the surrendering parent shall execute an affidavit of counsel, which shall be attached to the Act of Surrender.
C. The affidavit of counsel shall recite that counsel for the surrendering parent has fully explained to the parent the nature and effect of the Act of Surrender, including the penalties for making false statements in the act of surrender provided in R.S. 14:125.2, and that the parent appeared to understand the explanation given, that the parent freely and voluntarily executed the surrender, and that a copy of the act as executed has been provided to the surrendering parent.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 953, §2; Acts 2008, No. 584, §1.
2023 Louisiana Laws › Children's Code › Art. 1123. Effect of surrender; verification of judgment of adoption

Art. 1123. Effect of surrender; verification of judgment of adoption
A. An Act of Surrender shall be irrevocable upon execution except as provided in Article 1130.
B. An authentic act of voluntary surrender executed by a parent grants the legal custody of the child identified in the act to the agency or person named or represented in the act and grants the irrevocable consent of the surrendering parent and his representative, if applicable, or the child's tutor, to the subsequent adoption of the child surrendered to the agency or to the adoption of the child by the person named or represented in the act except as provided in Paragraph D.
C. The agency, firm, or lawyer facilitating the adoption shall provide the surrendering parent, upon request, with a notarized statement that the final judgment of adoption was legally rendered. The statement shall not disclose the identity of the adoptive parents.
D. If for any reason an adoption cannot be accomplished, the Act of Surrender may be dissolved by a court of competent jurisdiction.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2008, No. 583, §1.
2023 Louisiana Laws › Children's Code › Art. 1124. Requirement of family information

CHAPTER 8. STATEMENT OF FAMILY HISTORY; FORM
Art. 1124. Requirement of family information
A. A surrendering parent shall execute a Statement of Family History which shall be attached to the Act of Surrender, shall be included in the sealed adoption record, and shall be given to the prospective adoptive parents at the time of placement and made available, upon request, to the adopted person at the age of eighteen years or older.
B. A surrendering parent shall execute an affidavit attesting to the parent's execution of the Statement of Family History which shall be included in the sealed adoption record only and shall not be given to the prospective adoptive parents or the adopted person.
C. The form for the affidavit shall be substantially as follows:
STATE OF _____________________
PARISH/COUNTY OF ______________________________
AFFIDAVIT
BEFORE ME, the undersigned authority, personally came and appeared
_______________________________________
SURRENDERING PARENT
who declares that he/she has executed a true and correct Statement of Family History to provide the adoptive parents of the minor child with nonidentifying medical genetic information in accordance with the provisions of Louisiana Children's Code Articles 1124 through 1127.
Affiant understands and agrees that the nonidentifying Statement of Family History will be attached to the Act of Surrender and included in the sealed adoption record. Affiant further understands that the Statement of Family History will be given to the prospective adoptive parent(s) at the time of placement and made available, upon request, to the adopted person at the age of eighteen years or older.
Affiant has been informed that this affidavit shall be included in the sealed adoption record only and will not be given to the adoptive parents or the minor child.
_______________________________________
SIGNATURE OF SURRENDERING PARENT
_______________________________________
NAME OF SURRENDERING PARENT
SWORN TO AND SUBSCRIBED BEFORE ME THIS ______ DAY OF
____________, 20____.
____________________________
NOTARY PUBLIC
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §5, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 910, §1; Acts 2008, No. 583, §1.
2023 Louisiana Laws › Children's Code › Art. 1126. Fiduciary duty; breach; good faith exception

Art. 1126. Fiduciary duty; breach; good faith exception
A. The agency or person to whom a surrender is made shall have the duty to make a good faith effort to obtain the Statement of Family History required by Articles 1124 and 1125, to deliver it to prospective adoptive parents upon placement, and to make it available, upon request, to the adopted person at the age of eighteen years or older. If the Statement of Family History is subsequently transferred to another agency or person, the new custodian of the information assumes responsibility to the adopted person.
B. Failure to comply with the provisions of this Chapter or the intentional or willful falsification of information shall constitute a breach of fiduciary duty, punishable by a fine of not less than one hundred nor more than five hundred dollars. Should the agency or person to whom a surrender is made fail to obtain all information required for the Statement of Family History, the agency or person shall document by affidavit the good faith efforts made to obtain such information and that such efforts were unproductive.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 1108, §1; Acts 2008, No. 583, §1.
2023 Louisiana Laws › Children's Code › Art. 1127. Request for disclosure of nonidentifying medical records or genetic information information

Art. 1127. Request for disclosure of nonidentifying medical records or genetic information
A. Any adopted person, or if still a minor, his legal representative on his behalf, or a surrendering biological parent, may, upon written request, obtain nonidentifying medical or genetic information from the agency, firm, or lawyer without the necessity of filing a motion for disclosure as required by the provisions of Chapter 5 of Title XII of this Code.
B. Upon such a written request, the agency, firm, or lawyer shall make a good faith effort to review and abstract nonidentifying genetic or medical information from all available records and sources that are similar in content to the Statement of Family History.
C. Such nonidentifying medical or genetic information shall be made available for a reasonable charge.
D. For the purposes of this Article, an "agency, firm, or lawyer" shall include an agency, firm, or lawyer that is no longer licensed or authorized by the state for the placement of children for adoption, but was licensed or authorized by the state to perform such service at the time the child was surrendered.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 1108, §1; Acts 1999, No. 884, §1; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2008, No. 583, §1.
2023 Louisiana Laws › Children's Code › Art. 1127.1. Maintenance of medical report; transfer of adoption records

Art. 1127.1. Maintenance of medical report; transfer of adoption records
A. After adoptive placement of the child, the agency, firm, or lawyer facilitating the surrender or person to whom a surrender is made shall have a continuing duty to maintain these records and supplement them if additional nonidentifying medical or genetic information is received about the adopted person or his biological relatives.
B. Upon a request in accordance with Article 1127, the agency, firm, or lawyer facilitating the surrender shall disclose such information.
C. In fulfilling this continuing duty, the agency, firm, or lawyer is authorized to contact the adopted person, adoptive parents, and biological parents to provide updated nonidentifying medical and genetic information or to facilitate the exchange of information between the parties.
D. After the final decree of adoption, if the firm or lawyer is unable to assume ongoing responsibility for the continuing duty pursuant to this Article, it shall transfer its adoption records to the Department of Children and Family Services or another transferee approved by the department. Thereafter, that transferee shall assume the continuing duty imposed by this Article. Should any client subsequently attempt to update information, the firm or lawyer shall refer the client to the current custodian of the record, and if appropriate, to the voluntary registry.
Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2008, No. 583, §1.
2023 Louisiana Laws › Children's Code › Art. 1128. Validity of surrender; Statement of Family History

CHAPTER 9. FOREIGN SURRENDERS
Art. 1128. Validity of surrender; Statement of Family History
A. A surrender or consent to adoption executed by a nondomiciliary parent in accordance with the laws of the state of his domicile shall be recognized as valid and given the force and effect accorded it by the laws of the foreign state.
B. The agency or individual to whom the child was surrendered shall be responsible for securing the parent's execution of a Statement of Family History set forth in Article 1125. All other rights and duties set forth in Chapter 8 of Title XI shall be applicable.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 2001, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 1129. Proof of law

Art. 1129. Proof of law
A person asserting the validity of a surrender or consent executed in a foreign state shall produce sufficient proof of the laws of the foreign state governing the requirements for form and content and the force and effect accorded a properly executed act.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1130. Time limitations

CHAPTER 10. SURRENDER PROCEDURE IN GENERAL
Art. 1130. Time limitations
A. No Act of Surrender for private adoption by a mother shall be executed earlier than five days following the birth of the child.
B. 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 for private adoption earlier than the fifth day following the birth of the child shall not be irrevocable until the fifth day following the birth of the child.
C. In making these time calculations, the date of birth shall not be included, and the days shall be consecutive calendar days, including weekends and holidays.
D. 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.
E. No Act of Surrender by a birth mother or father as defined in Children's Code Article 1193 for agency adoption shall be executed earlier than three days following the birth of the child.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2008, No. 584, §1.
2023 Louisiana Laws › Children's Code › Art. 1130.1. Authority of the court to determine parental capacity

Art. 1130.1. Authority of the court to determine parental capacity
A. If parental capacity is questioned by the counselor providing pre-surrender counseling as provided in Article 1120(C), a surrender may not be executed unless authorized by the court pursuant to one of the following:
(1) Review of further evaluative information as recommended in Article 1120(C) and a finding that such evaluation provides sufficient support of the parent's ability to understand the nature and consequences of the act of surrender.
(2) After a hearing and consideration of all available information and the questioning of the parent, the court finds that the parent sufficiently understands the nature and consequences of the act of surrender.
B. The court's findings shall be made in writing and the surrender shall be executed only upon order by the court.
Acts 2003, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 1132. Notice of filing of surrender; form

Art. 1132. Notice of filing of surrender; form
A. If a mother of a child born outside of marriage has executed a surrender and identifies the child's alleged or adjudicated father, the agency or individual to whom the child was surrendered shall exercise due diligence in attempting to locate him and to offer pre-surrender counseling in accordance with Article 1120.
B. Upon approval of the mother's surrender by the court, notice of the filing of the mother's surrender shall be served upon the alleged or adjudicated father unless any of the following apply:
(1) His potential parental rights have been terminated by a judgment in accordance with Title X of this Code.
(2) He has executed a surrender in accordance with this Title.
(3) He has given his consent in open court in accordance with Article 1195.
(4) He has executed a release of claims in accordance with Article 1196.
C. If the alleged or adjudicated father is a minor, his parents or tutor shall be served if required by Article 1113.
D. The notice of the surrender shall be issued by the clerk and shall contain the following information in substantially the following form:
"NOTICE OF FILING OF SURRENDER
Be advised that on the ___ day of ___, 20__, an authentic Act of Surrender executed by ______ was filed wherein she surrendered for adoption her minor child, namely _____, born on the ___ day of _____, __, in the Parish of _____, State of ____.
The Act of Surrender alleges that you are the father of this child. You may attempt to oppose the adoption of this child only by filing a written objection with this court within fifteen days after you receive this notice.
If you file a written objection timely, the court will then hold a hearing within twenty days of the filing of the opposition, to determine whether you have established or forfeited your parental rights.
To establish your parental rights to oppose the adoption, you must acknowledge that you are the father of the child or be found to be the father by court order as a result of blood tests. Thereafter, you must also demonstrate to the court that you are a fit parent who is willing and able to assume the legal and physical care of your child. You must also demonstrate that you have made a substantial commitment to your parental responsibilities by providing or attempting to provide substantial and consistent support for the mother during pregnancy or after the child's birth and by frequently and consistently visiting or attempting to visit the child after birth.
If you fail to file a written motion of opposition, or if, after a hearing on a motion timely filed, the court finds that you have failed to establish your parental right to oppose the adoption, the court will order the termination of any and all parental rights you may have and the child may be subject to adoption."
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2004, No. 26, §1.
2023 Louisiana Laws › Children's Code › Art. 1133. Notice of filing of surrender; service upon resident alleged or adjudicated father

Art. 1133. Notice of filing of surrender; service upon resident alleged or adjudicated father
A. Notice of the filing of a mother's surrender shall be promptly served upon the alleged or adjudicated father. Notice of the filing shall not be required if an alleged or adjudicated father waives notice of service. If he resides within this state, service shall be made by any of the following means:
(1) Registered or certified mail, return receipt requested, postage prepaid and properly addressed to his last known address.
(2) Electronic mail at the electronic mail address expressly designated by the father in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which he personally appeared before the court.
B. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2015, No. 124, §1, eff. June 19, 2015.
2023 Louisiana Laws › Children's Code › Art. 1134. Notice of filing of surrender; service upon nonresident alleged or adjudicated father

Art. 1134. Notice of filing of surrender; service upon nonresident alleged or adjudicated father
A. Notice of the filing of a mother's surrender shall be promptly served upon the alleged or adjudicated father. Notice of the filing shall not be required if an alleged or adjudicated father waives notice of service. If he does not reside within this state, service shall be made by any of the following means:
(1) Registered or certified mail, return receipt requested, postage prepaid and properly addressed to his last known address.
(2) Electronic mail at the electronic mail address expressly designated by the father in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which he personally appeared before the court.
B. Service by electronic mail is complete upon transmission but is not effective if the serving party learns the transmission did not reach the party to be served.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2015, No. 124, §1, eff. June 19, 2015.
2023 Louisiana Laws › Children's Code › Art. 1135. Unidentified fathers; diligent effort; order

Art. 1135. Unidentified fathers; diligent effort; order
A. If the father of the child is unknown, the court, upon motion of the agency or attorney for the prospective adoptive parent and upon finding that a diligent effort has been made to identify the father, shall terminate the father's parental rights.
B. For purposes of this Article, the existence of all of the following is sufficient proof that the father is unknown and a diligent effort was made to identify him:
(1) A declaration by the surrendering mother in the act of surrender that the father is unknown.
(2) A certified copy of the child's birth certificate with no one indicated thereon as the father of the child.
(3) A certificate from the putative father registry indicating that no person is listed or registered as the child's father, which certificate must be dated more than fifteen days after the date the act of surrender was executed by the surrendering mother.
(4) A certificate from the clerk of court in the parish in which the child was born indicating that no acknowledgment with respect to this child has been recorded, which certificate must be dated more than fifteen days after the date the act of surrender was executed by the surrendering mother.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1137. Notice of opposition to adoption by alleged or adjudicated father; time limitations; appointment of counsel for the child; scheduling of hearing; paternity testing

Art. 1137. Notice of opposition to adoption by alleged or adjudicated father; time limitations; appointment of counsel for the child; scheduling of hearing; paternity testing
A. An alleged or adjudicated father or his representative, if applicable, may oppose the adoption of his child by filing a clear and written declaration of intention to oppose the adoption. The notice of opposition shall be filed with the court indicated in the notice of filing of surrender within fifteen days after the time he was served with the notice of surrender, or from the time he was served with notice of the filing of an adoption petition in the event that no surrender was executed or filed.
B. Upon receipt of the notice of opposition, the court shall appoint an attorney to represent the child, subject to the limitations set out in Article 1121. Neither the child nor anyone purporting to act on his behalf may be permitted to waive this right. The costs of the child's representation shall be taxed as costs of court.
C. The court shall set the opposition for contradictory hearing, which hearing shall be held within twenty days of the filing of the opposition.
D. Notice of the hearing shall be served in accordance with Articles 1133 and 1134 on the opposing father, the legal custodian, counsel appointed for the child, and the mother of the child through the agency to whom the child was placed or through the attorney who represented the mother in a private surrender unless otherwise waived in the Act of Surrender executed pursuant to Article 1122.
E. If paternity is at issue, on its own motion or motion of any party, the court shall issue an order for immediate blood or tissue sampling in accordance with the provisions of R.S. 9:396 et seq. and shall order an expedited report. The hearing resolving this issue shall be held at the earliest time that the results of the testing can be reported to the court.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 797, §1; Acts 1999, No. 720, §1; Acts 2001, No. 567, §1; Acts 2001, No. 910, §1; Acts 2008, No. 583, §1.
2023 Louisiana Laws › Children's Code › Art. 1138. Hearing of opposition to adoption; establishment of parental rights

Art. 1138. Hearing of opposition to adoption; establishment of parental rights
A. At the hearing of the opposition, the alleged or adjudicated father must establish his parental rights by acknowledging that he is the father of the child and by proving that he has manifested a substantial commitment to his parental responsibilities and that he is a fit parent of his child.
B. Proof of the father's substantial commitment to his parental responsibilities requires a showing, in accordance with his means and knowledge of the mother's pregnancy or the child's birth, that he either:
(1) Provided financial support, including but not limited to the payment of consistent support to the mother during her pregnancy, contributions to the payment of the medical expenses of pregnancy and birth, or contributions of consistent support of the child after birth; that he frequently and consistently visited the child after birth; and that he is now willing and able to assume legal and physical care of the child.
(2) Was willing to provide such support and to visit the child and that he made reasonable attempts to manifest such a parental commitment, but was thwarted in his efforts by the mother or her agents, and that he is now willing and able to assume legal and physical care of the child.
C. The child, the mother of the child, and the legal custodian may offer rebuttal evidence limited to the issues enumerated in Paragraphs A and B of this Article. However, the primary consideration shall be, and the court shall accept evidence concerning, the best interests of the child.
D. If the court finds that the alleged or adjudicated father has failed to establish his parental rights, it shall decree that his rights are terminated.
E. If the court finds that the alleged or adjudicated father has established his parental rights, the court shall declare that no adoption may be granted without his consent. The court may also order the alleged or adjudicated father to reimburse the department, or the licensed private adoption agency, or other agency, or whoever has assumed liability for such costs, all or part of the medical expenses incurred for the mother and the child in connection with the birth of the child.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 797, §1; Acts 2001, No. 910, §1.
2023 Louisiana Laws › Children's Code › Art. 1139. Order maintaining opposition; effect on other surrendering parent; service

Art. 1139. Order maintaining opposition; effect on other surrendering parent; service
A. If the court maintains an opposition and declares that no adoption can take place without the consent of the opposing parent, a surrender executed by the other parent of the child shall be dissolved. Any dispute regarding custody shall be heard immediately and determined pursuant to Civil Code Article 245. Evidence of the surrender, now dissolved, shall not be considered evidence of unfitness.
B. The order shall be served on the surrendering parent in the manner for service of process provided in civil proceedings.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 910, §1.
2023 Louisiana Laws › Children's Code › Art. 1141. Prior clearance on original birth certificate; putative father registry; acknowledgment by authentic act and judgment of filiation

Art. 1141. Prior clearance on original birth certificate; putative father registry; acknowledgment by authentic act and judgment of filiation
A. Prior to the entry of any order terminating parental rights pursuant to this Chapter, the attorney for the prospective adoptive parents shall obtain a certified copy of all of the following:
(1) The child's birth certificate.
(2) A certificate indicating the name and address of any person listed with the putative father registry, or a certificate that no registration or listing has occurred, relative to this child.
(3) A certificate from the clerk of court in and for the parish in which the child was born indicating whether any acknowledgment by authentic act or judgment of filiation has been recorded relative to this child.
B. The vital records registry of the office of public health of the Louisiana Department of Health, or its counterpart in any other state, shall, upon request of the attorney for the prospective adoptive parent, provide him with a certified copy of the information in its custody that is required in this Article.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2004, No. 26, §1.
2023 Louisiana Laws › Children's Code › Art. 1142. Order declaring parental rights terminated; motion; certificates

Art. 1142. Order declaring parental rights terminated; motion; certificates
A. If no opposition is timely received by the court, the court shall, upon motion, render an order declaring the rights of the parents terminated.
B. The motion shall be accompanied by a certified copy of the child's birth certificate, a certificate from the putative father registry indicating whether any act of acknowledgment by authentic act has been recorded, and a certificate from the clerk of court in and for the parish in which the child was born indicating whether any acknowledgment by authentic act or judgment of filiation has been recorded relative to this child.
C. Repealed by Acts 2016, No. 434, §4.
D. If any of these certificates identify an alleged or adjudicated father who has not previously been served with notice of the mother's act of surrender, the alleged or adjudicated father shall be served with a copy of the motion to terminate his parental rights and given an opportunity to be heard in accordance with Articles 1132 through 1141 unless any of the following occur:
(1) The alleged or adjudicated father's parental rights have been terminated by a judgment in accordance with Title X.
(2) The alleged or adjudicated father has executed an act of surrender in accordance with this Title.
(3) The alleged or adjudicated father has consented to the child's adoption in accordance with Article 1195.
(4) The alleged or adjudicated father has executed a release of claims in accordance with Article 1196.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2016, No. 434, §§1, 4.
2023 Louisiana Laws › Children's Code › Art. 1144. Placement report

CHAPTER 11. PERMANENCY PLANNING
Art. 1144. Placement report
A. After filing of a surrender in accordance with the provisions of Article 1131, when the department is the legal custodian of the child, the department shall report to the court in detail concerning the child's permanent placement.
B. When the department is not the legal custodian of the child, no later than ninety days after the filing of the surrender, the agency or person to whom the surrender was made shall report in detail to the court concerning the child's adoptive placement and shall have a continuing duty to supplement the report immediately when there is any change in the child's placement prior to the filing of a petition for adoption. The information contained in the report shall include among other relevant issues whether all parental rights have been extinguished, the status of the child's placement in an adoptive home, when the adoption petition is to be filed, and other information that the court may require.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2001, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 1145. Registration

Art. 1145. Registration
A. If no permanent placement has been made within ninety days after a voluntary surrender to a child care agency, the child shall be registered by the appropriate child placement agency with the Louisiana Adoption Resource Exchange within the office of community resources of the department.
B. Any such registration shall not include the surname of the child or otherwise reveal the identities of the blood parents of the child.
C. The department shall maintain a list of the registered children. Such list shall be updated quarterly and made available to all licensed child placement agencies in the state. Subject to the confidentiality requirements of all adoption matters, the department shall use every reasonable method of effecting a permanent placement.
D. Media presentation of available children and other means of public solicitation for the purpose of matching potential adoptive parents with available children shall be used only in cases involving a child who is difficult to place for adoption, subject to rules and regulations adopted pursuant to the Administrative Procedure Act.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1146. Permanency planning; review hearings; counsel for child

Art. 1146. Permanency planning; review hearings; counsel for child
A. If no permanent placement has been made by the department within ninety days after a voluntary surrender to a child care agency, review hearings shall be held in accordance with the provisions of Chapters 15 and 16 of Title VI of this Code.
B. When the department is not the legal custodian of the child review hearings shall be held as follows:
(1) A review hearing shall be held within ninety days after the filing of a surrender if a petition for adoption has not been filed. The court may waive the hearing if it has received and is satisfied with the placement report required by Article 1144.
(2) If the hearing is waived, a review hearing shall be held within ninety days of the initial waiver, unless an updated placement report is accepted by the court, or a petition for adoption has been filed.
(3) In any case, a review hearing shall be held within nine months of the filing of the surrender and at least once every six months thereafter until a petition for adoption has been filed or until the court determines that the child is in a permanent placement.
(4) The court may schedule such other review hearings as it deems necessary to ensure the permanency of the child's placement.
C. Any attorney previously appointed to represent the child shall continue to represent the child in all subsequent review hearings until the child is permanently placed. If no attorney was previously appointed, the court shall appoint an attorney to represent the child for the purpose of facilitating permanent placement by the department. When the department is not the legal custodian of the child, the court may appoint an attorney to represent the child if necessary for the best interest of the child.
D. The attorney appointed to represent the child shall also be responsible for reviewing and submitting a recommendation to the court regarding any agreement for post-adoption continuing contact that is filed for approval in accordance with Chapter 14-A of Title XII.
E. The court, at a permanency review hearing, shall inform the child of the provisions of Chapter 11 of Title X of this Code.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2001, No. 567, §1; Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 436, §1.
2023 Louisiana Laws › Children's Code › Art. 1149. Purpose; short title

CHAPTER 13. SAFE HAVEN RELINQUISHMENTS
Art. 1149. Purpose; short title
A. The purpose of this Chapter is to provide a mechanism whereby any parent may relinquish the care of an infant to the state in safety, anonymity, and without fear of prosecution.
B. This Chapter shall be known and may be cited as the "Safe Haven Law".
Acts 2003, No. 609, §2; Acts 2015, No. 223, §1.
2023 Louisiana Laws › Children's Code › Art. 1150. Definitions

Art. 1150. Definitions
As used in this Chapter:
(1) "Department" means the Department of Children and Family Services.
(2) "Designated emergency care facility" means any of the following:
(a) Any hospital licensed in the state of Louisiana.
(b) Any of the following medical clinics during normal and customary hours of operation: local or parish public health units, licensed rural health clinics, licensed ambulatory surgical centers, and federally qualified health centers. Offices, clinics, or other types of treatment facilities, private physicians, or dentists not listed above are not designated emergency care facilities within the meaning of this Subparagraph.
(c) Any manned fire station.
(d) Any manned law enforcement station.
(e) Any Child Advocacy Center accredited by the National Children's Alliance, during normal and customary hours of operation.
(3) "Emergency medical service provider" means a licensed emergency medical service provider, when dispatched as a result of a "911" call from a parent who wishes to relinquish his infant under this Chapter.
(4) "Infant" means a child not previously subjected to abuse or neglect, who is not more than sixty days old as determined within a reasonable degree of medical certainty by an examining physician.
(5) "Relinquish" or "relinquishment" of an infant means to give over possession or control of him by a parent to another in compliance with this Chapter, with the settled intent to forego all parental responsibilities.
Acts 2003, No. 609, §2; Acts 2009, No. 284, §1, eff. July 1, 2009; Acts 2013, No. 186, §1; Acts 2016, No. 80, §3; Acts 2018, No. 134, §1; Acts 2022, No. 271, §6.