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2023 Louisiana Laws › Children's Code › Art. 1151. Relinquishment of infants; defense to prosecution

Art. 1151. Relinquishment of infants; defense to prosecution
A.(1) If a parent wishes to relinquish his infant, he may leave the infant in the care of any employee of a designated emergency care facility or in a newborn safety device that meets the specifications provided in Subparagraph (2) of this Paragraph and is physically located inside of a facility which is licensed as a hospital in accordance with the Hospital Licensing Law, R.S. 40:2100 et seq., and has an emergency department that is staffed twenty-four hours per day.
(2) Each newborn safety device shall meet all of the following specifications:
(a) The device has been voluntarily installed by the designated emergency care facility.
(b) The device is installed in a location that ensures the anonymity of the relinquishing parent and has a climate-controlled environment.
(c) The device is installed by a licensed contractor.
(d) The access door to the device locks automatically upon closure when a newborn is in the device.
(e) The supporting frame of the device is anchored so as to align the bed portion of the device directly beneath the access door and prevent movement of the unit as a whole.
(f) The device features a safe sleep environment which includes a firm, flat bassinet mattress and a sheet that fits snugly on and overlaps the mattress and is free of pillows, bumpers, blankets, and other bedding.
(3) Each designated emergency care facility that installs a newborn safety device shall post department-approved signage at the site of the device that clearly identifies the device and provides both written and pictorial instruction to the relinquishing parent to open the access door, place the infant inside the device, and close the access door to engage the lock. The signage shall also clearly indicate all of the following:
(a) The maximum age of an infant who may be relinquished in accordance with this Chapter.
(b) That the child must not have been previously subjected to abuse or neglect.
(c) That by placing an infant in the newborn safety device, a parent is foregoing all parental responsibilities with respect to the infant and is giving consent for the state to take custody of the infant.
B. If the parent is unable to travel to a designated emergency care facility, he may call "911", and a firefighter, a law enforcement officer, or an emergency medical service provider shall immediately be dispatched to meet the parent and transport the child to a hospital, and to ensure that all requirements listed in Article 1152(D) through (I) have been met.
C. Relinquishment of an infant in accordance with this Chapter is not a criminal act of neglect, abandonment, cruelty, or a crime against the child.
Acts 2003, No. 609, §2; Acts 2018, No. 134, §1; Acts 2021, No. 421, §1.
2023 Louisiana Laws › Children's Code › Art. 1153. Medical evaluation of the infant

Art. 1153. Medical evaluation of the infant
A. The act of relinquishment constitutes parental consent for the purposes of examining and testing procedures conducted by hospital staff and for the purposes of providing medical treatment and care of the infant.
B. A physician shall promptly conduct a comprehensive medical examination and such tests to determine:
(1) If the infant suffers from HIV or hepatitis, if suspected.
(2) If the infant suffered fetal exposure to alcohol or drugs.
(3) If the infant appears to have been abused or neglected.
(4) The infant's estimated date of birth, if not previously known.
C. The hospital shall forward the infant's birth information to the Bureau of Vital Statistics, for issuance of a birth certificate, unless it is determined that one has already been issued. Unless otherwise known, the infant shall be presumed to have been born in Louisiana.
D. Absent evidence of willful or intentional misconduct or gross negligence in carrying out these responsibilities, medical personnel and hospital staff shall be immune from civil and criminal liability in any legal action arising from the hospital's examination, testing, care, and treatment of the infant.
Acts 2003, No. 609, §2.
2023 Louisiana Laws › Children's Code › Art. 1154. Safe haven continued custody hearing; instanter order

Art. 1154. Safe haven continued custody hearing; instanter order
A. Immediately after notification that an infant has been relinquished, the department shall request an oral instanter order of custody from the court in accordance with Article 620 and shall take physical custody of the infant within twelve hours of notice that the infant is ready to be discharged from the hospital. The department shall exercise due diligence in attempting to identify and locate any non-relinquishing parent, including but not limited to performing a missing children search.
B.(1) A hearing shall be held by the court within three days after the infant's entry into the custody of the department.
(2) No notice to a parent or other caretaker shall be required.
(3) The court shall order the appointment of counsel for the child and may also appoint a CASA volunteer for the child.
(4) Hearsay evidence shall be admissible at this hearing.
C. At this hearing, the department has the burden to prove all of the following:
(1) There are reasonable grounds to believe that the infant has been relinquished to the state for adoption in accordance with this Chapter.
(2) There is no evidence that the infant was abused or neglected prior to his relinquishment.
D. If the court finds that the department has satisfied the requirements of Paragraph C of this Article and that removal of the child is necessary in order to safeguard his welfare, it shall order continued custody of the infant in the department prior to final entry of an order declaring parental rights terminated and enter a finding that the department is deemed to have made reasonable efforts to prevent or eliminate the need for removal and that reunification efforts are not required.
E. If the court determines that the infant was abused or neglected prior to its relinquishment, the court shall direct that a child in need of care investigation be commenced by the department in accordance with Title VI.
Acts 2003, No. 609, §2.
2023 Louisiana Laws › Children's Code › Art. 1156. Reclaiming parental rights; time limitations; paternity testing; home study

Art. 1156. Reclaiming parental rights; time limitations; paternity testing; home study
A. Within thirty days after the relinquishment, a parent who has relinquished an infant may seek to reclaim parental rights by filing in the court in the parish in which the infant was relinquished a motion evidencing a declaration of his intention to retain his parental rights.
B. The court shall set the parent's motion for contradictory hearing against the department to be held within twenty days of the filing of the motion. No continuances shall be granted, except in extraordinary circumstances and upon a showing of good cause.
C. The court shall issue an order for immediate blood or tissue testing, in accordance with the provisions of R.S. 9:396 et seq., and shall order an expedited report.
D. The court shall also order the department to immediately conduct a home study of any parent seeking to reclaim or establish his rights and promptly report to the court concerning its findings.
Acts 2003, No. 609, §2.
2023 Louisiana Laws › Children's Code › Art. 1157. Reclaiming of parental rights by the relinquishing parent; hearing

Art. 1157. Reclaiming of parental rights by the relinquishing parent; hearing
A. A relinquishing parent may reclaim parental rights by proving by clear and convincing evidence that:
(1) He is the parent of the child.
(2) Setting aside the relinquishment and permitting the parent to reclaim the child is in the child's best interests.
B. If the court finds that the relinquishment should be set aside and that the parent may reclaim his parental rights, then the parent shall prove also that he has manifested a substantial commitment to his parental responsibilities and that he is a fit parent of the child.
C. The child, the other parent, and the legal custodian may offer rebuttal evidence limited to the issues enumerated in Paragraphs A and B of this Article.
D. If the court finds that the parent has established his parental rights, the court shall declare that no adoption may be granted without his consent. The court may also order the parent to reimburse the department, or whoever has assumed liability for such costs, all or part of the medical expenses incurred for the infant in connection with his birth and care.
E. If the court finds that the parent has failed to establish his parental rights, it shall declare that his rights are terminated.
Acts 2003, No. 609, §2.
2023 Louisiana Laws › Children's Code › Art. 1158. Order declaring parental rights terminated; time limitations; finality

Art. 1158. Order declaring parental rights terminated; time limitations; finality
A. If a relinquishing parent has not sought timely to reclaim parental rights, and if no timely opposition to adoption has been filed by an alleged or adjudicated non-relinquishing father, the court shall, upon motion by the department filed within forty-five days after the relinquishment, render a judgment declaring the rights of the parents terminated.
B. The effects of a judgment terminating parental rights are as set forth in Article 1038. If the court has terminated the rights of both parents of the child, it also shall certify the child for adoption and continue custody in the department.
C. No action to annul a judgment terminating parental rights pursuant to this Chapter shall be brought for any reason after ninety days from its signing or after a decree of adoption has been entered, whichever is earlier.
Acts 2003, No. 609, §2.
2023 Louisiana Laws › Children's Code › Art. 1159. Permanency planning; case plan; review hearings

Art. 1159. Permanency planning; case plan; review hearings
A. Unless a reclaiming of parental rights is filed timely, the department shall within thirty days of the continued custody hearing develop and file with the court a permanency case plan as described in Article 673.
B. If a reclaiming of parental rights is filed timely, the department shall develop and file with the court a permanency case plan within thirty days of a judgment denying the claim and terminating parental rights.
C. The case shall thereafter be reviewed in accordance with Chapter 10 of Title X.
D. The attorney appointed to represent the infant at the safe haven continued custody hearing shall continue to represent the child in all review hearings until the child is permanently placed.
Acts 2003, No. 609, §2.
2023 Louisiana Laws › Children's Code › Art. 1161. Official Safe Haven symbol

Art. 1161. Official Safe Haven symbol
A. The legislature hereby creates an official Safe Haven symbol for use in identifying to the public those sites which are classified as designated emergency care facilities pursuant to the provisions of this Chapter, and for any other use which the department deems necessary or advantageous in fulfilling the purposes set forth in this Chapter. The design and promulgation of the symbol shall be in accordance with the provisions of this Article.
B.(1) The general design of the Safe Haven symbol shall be as follows: Two solid lines, each oriented diagonally, meeting to form an apex in the style of a gable roof; superimposed upon and just underneath the image of the roof being a stylized figure symbolic of an infant, oriented almost horizontally, consisting of a circle representing the infant's head proximate to or adjoining an oval representing the infant's body; superimposed upon and just underneath the figure of the infant being a stylized figure symbolic of the lower two-thirds of an arm and a hand of a person, oriented almost horizontally and opposite the direction in which the infant's head lies, with the figure of the arm bent in curvilinear form upward from the position of the elbow in a cradling posture; the design elements, collectively, giving the appearance of an infant cradled in the arm of a person under the shelter of a roof. The color of these design elements shall be black.
(2) The department shall promulgate in rule the image that shall constitute the official Safe Haven symbol.
C. The department is hereby authorized, but is not required, to produce electronic and physical copies of the Safe Haven symbol with any of the following features individually or in any combination:
(1) Text reading "SAFE BABY SITE" in all capital letters appearing above the symbol.
(2) A background that is either white or a shade of yellow typically used for traffic warning signs indicating necessity of caution.
Acts 2016, No. 84, §1.
2023 Louisiana Laws › Children's Code › Art. 1169. Definitions

Art. 1169. Definitions
As used in this Title:
(1) "Agency" or "child placing agency" includes the Department of Children and Family Services, the corresponding department of any other state, and those private agencies and institutions licensed for the placement of children for adoption by the Department of Children and Family Services or by the corresponding department of any other state.
(2) "Birth certificate" means the child's official birth certificate or a true copy of a prefiled version of the birth certificate in the event the official birth certificate has not been issued.
(2.1) "Broker" means any person who, for compensation or the expectation of compensation, obtains or offers to obtain a child for adoption from a third party.
(3) "Child" means a person under eighteen years of age and not emancipated by marriage.
(4) "Department" means the Louisiana Department of Children and Family Services.
(5) "Putative father registry" means the Louisiana putative father registry established in R.S. 9:400.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2006, No. 288, §1.
2023 Louisiana Laws › Children's Code › Art. 1170. Types of adoption

Art. 1170. Types of adoption
A. This Title sets forth the exclusive procedures for adoption of minor children in Louisiana. There are three types of adoption of minor children in Louisiana:
(1) Agency adoption.
(2) Private adoption.
(3) Intrafamily adoption.
B. The procedures governing each type of adoption are set forth in the following Articles.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1171. Prior approval of private adoptive placement; exceptions

CHAPTER 2. PREPLACEMENT APPROVAL OF ADOPTIVE
HOME IN PRIVATE ADOPTIONS
Art. 1171. Prior approval of private adoptive placement; exceptions
Except when the child is the stepchild, grandchild, sibling, niece, or nephew of one of the prospective adopting parents, no child who is the subject of a private adoption shall be placed in the home of the prospective adoptive parents prior to their either obtaining a current certification for adoption, as provided for in Articles 1171 through 1173, or by their obtaining a current order of a court of competent jurisdiction approving the adoptive placement, as provided for in Articles 1175 through 1177.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2003, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 1172. Certification for adoption; authority to conduct preplacement home study

Art. 1172. Certification for adoption; authority to conduct preplacement home study
Any person qualified to adopt a child pursuant to Article 1221 may request a social worker acting in the employ of a licensed adoption agency, licensed clinical social worker, licensed professional counselor, licensed psychologist, medical psychologist, licensed psychiatrist, or licensed marriage and family therapist, to conduct a preplacement home study for the purpose of obtaining a certification for adoption.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1309, §9, eff. Jan. 1, 2000; Acts 2001, No. 486, §5, eff. June 21, 2001; Acts 2008, No. 583, §1; Acts 2009, No. 251, §13.
2023 Louisiana Laws › Children's Code › Art. 1173. Preplacement home study; requirements

Art. 1173. Preplacement home study; requirements
A. The department shall promulgate rules and regulations for preplacement home studies in private adoptions in accordance with the Administrative Procedure Act. The rules and regulations promulgated pursuant to this Article shall not be inconsistent with the following:
(1) The rules and regulations governing the licensing of adoption agencies relative to preplacement home studies, specifically adoptive home studies, notification regarding application, access to records, updating home studies, review procedures, and adoptive parents' records, to the extent that such provisions are compatible with procedural laws governing private surrenders and adoptions.
(2) Such study shall be conducted by a social worker in the employ of a licensed adoption agency, licensed social worker, licensed professional counselor, licensed psychologist, medical psychologist, licensed psychiatrist, or licensed marriage and family therapist, except that a prospective adoptive parent who is domiciled outside the state shall obtain a preplacement home study in accordance with the provisions of Chapter 2 of Title XVI.
(3) A certification for adoption issued after a favorable preplacement home study shall be completed or brought current within twelve months next preceding the placement of a child with the adoptive parents.
B. The sheriff and department shall conduct and accord priority to requests for a criminal records check for all federal and state arrests and convictions and validated complaints of child abuse or neglect, respectively, in this or any other state of each prospective adoptive parent, and shall provide a certificate indicating all information discovered or that no information has been found, all in accordance with the applicable rules and regulations promulgated by the department.
C. The department shall promulgate and submit for approval such rules and regulations governing placement home studies in private adoptions in accordance with the Administrative Procedure Act no later than October 1, 1991, and such rules and regulations shall become effective upon its publication in the Louisiana Register.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1309, §9, eff. Jan. 1, 2000; Acts 2001, No. 486, §5, eff. June 21, 2001; Acts 2003, No. 567, §1; Acts 2008, No. 583, §1; Acts 2009, No. 194, §1, eff. June 30, 2009; Acts 2009, No. 251, §13.
2023 Louisiana Laws › Children's Code › Art. 1174. Issuance of preplacement certification for adoption

Art. 1174. Issuance of preplacement certification for adoption
A. If the preplacement home study is favorable, the professional who conducted it shall issue a preplacement certification for adoption to the prospective adoptive parents.
B. The preplacement certification for adoption shall be valid for a minimum of two years.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000.
2023 Louisiana Laws › Children's Code › Art. 1176. Application for court approval of adoptive placement; contents; filing

Art. 1176. Application for court approval of adoptive placement; contents; filing
A. An application for court approval of adoptive placement shall be verified and shall contain the following:
(1) The name, address, age, occupation, and marital status of the prospective adoptive parents.
(2) The expected date of the child's placement.
(3) The relationship between the child and the prospective adoptive parents, if any.
(4) The name of the child whose placement is requested, if known.
B. An application for court approval of adoptive placement shall be filed with the clerk of a court of appropriate venue as authorized by Article 1180.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1177. Hearing

Art. 1177. Hearing
A. The application for court approval of adoptive placement shall be set for hearing in chambers, confidentially, and in a summary manner within forty-eight hours of its filing.
B. At the hearing, the prospective adoptive parents shall testify under oath concerning their fitness to receive the child into their care and custody, including but not limited to:
(1) Their moral fitness, previous criminal records or validated complaints of child abuse or neglect, if any.
(2) Their mental and physical health.
(3) Their financial capacity and disposition to provide the child with food, clothing, medical care, and other material needs.
(4) Their capacity and disposition to give the child love, affection, and guidance and to undertake the responsibilities of becoming the child's parents.
(5) The adequacy of the physical environment of their home and neighborhood for the placement of the child.
(6) The names and ages of other family members who would reside with the child in the prospective adoptive home and their attitude toward the proposed adoption.
(7) The stability and permanence, as a family unit, of the proposed adoptive home.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1178. Order and revocation

Art. 1178. Order and revocation
A. At the conclusion of the hearing, the court shall render an order approving or disapproving the placement of the child with the prospective adoptive parents.
B. The order shall be in writing, dated, and signed by the court and shall authorize adoptive placement of a child at any time within a period of twelve months from its date.
C. A certified copy of a court order approving the adoptive placement shall be given to the prospective adoptive parents.
D. Any order disapproving the adoptive placement shall include specific reasons therefor.
E. The court shall render a decision that is in the best interest of the child and shall consider all relevant factors including those provided in Article 1177(B).
F.(1) The existence of a criminal record of a prospective adoptive parent shall not be automatic grounds to disapprove placement of the child with the prospective adoptive parents. The court shall consider all of the following:
(a) The nature of the offenses.
(b) The number of offenses committed.
(c) The length of time between offenses and between the last offense committed and the application for court approval.
(2) Subsequent to the entry of an order approving an adoptive placement, if the result of a criminal records check or the results of abuse or neglect validated complaint records check indicate that the prospective adoptive parents failed to disclose such unfavorable information at the hearing, the court may issue an instanter order taking protective custody of the child, pursuant to Article 619, if this information, if known, together with other evidence presented at the hearing would have resulted in the court's disapproval of the adoptive placement.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2003, No. 567, §1; Acts 2013, No. 187, §1.
2023 Louisiana Laws › Children's Code › Art. 1179. Appeal

Art. 1179. Appeal
A. Appeal from an order disapproving the adoptive placement shall be by trial de novo in the court of appeal, based upon the criteria set out in Article 1177.
B. The appeal shall be heard in chambers, confidentially, in a summary manner, and within forty-eight hours of its filing.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1180. Venue and jurisdiction in adoption

CHAPTER 3. VENUE AND JURISDICTION
Art. 1180. Venue and jurisdiction in adoption
A. A proceeding for the adoption of a child may be commenced in either:
(1) The juvenile court in the parish of the domicile of the petitioner.
(2) The juvenile court in the parish of the domicile of the custodian of the child.
(3) The juvenile court in the parish in which a voluntary act of surrender has been executed with respect to the child to be adopted.
(4) The juvenile court in which the child has been adjudicated a child in need of care or in which the child in need of care proceeding is pending.
(5) The juvenile court which previously terminated parental rights of a parent with respect to the child to be adopted.
B. An attorney at law named as representative of the prospective adoptive parent shall not be deemed the legal custodian of the child for purposes of proper jurisdiction or venue.
C. Upon filing of the act of voluntary surrender approved by the court according to Article 1131(C), the court of competent venue and jurisdiction wherein the surrender is filed shall have exclusive, original jurisdiction over all issues of custody and adoption of the child during the pendency of the proceedings, unless the child is in the custody of the Department of Children and Family Services.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2001, No. 910, §1.
2023 Louisiana Laws › Children's Code › Art. 1181. Adoption records

CHAPTER 4. DUTIES OF COURT CLERKS
Art. 1181. Adoption records
The clerks of court shall keep separate indices of all suits filed in accordance with this Title, and shall index these suits in the name of the parties filing the petition and in the name of the child to be adopted.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1182. Records of adoption decrees

Art. 1182. Records of adoption decrees
A. Whenever an interlocutory decree of adoption has been granted, the clerk of court shall forward a certified copy of the decree to the Department of Children and Family Services.
B. Whenever a final decree of adoption has been granted with regard to a child born in Louisiana, the clerk of court shall forward, on a form supplied by the Department of Children and Family Services, a certificate of the decree to the state registrar of vital records.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1183. Reports of annulments of adoption decrees

Art. 1183. Reports of annulments of adoption decrees
The clerk of court shall prepare, within ten days after a decree of annulment of adoption becomes final, a certificate of the decree of annulment on forms furnished by the state registrar of vital records. On or before the fifteenth day of each month, the clerk shall forward any certificates prepared by him during the preceding calendar month to the state registrar of vital records.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1184. Admission to hearings

CHAPTER 5. CONFIDENTIALITY
Art. 1184. Admission to hearings
All adoption proceedings shall be heard by the judge in chambers, and no one shall be admitted to the hearings except the parties in interest, their attorneys, and officers of the court. The court, in its discretion, may grant the request of a petitioner to permit others to be present at the hearing.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1185. Confidential reports

Art. 1185. Confidential records
No one except the judge presiding in the case, his successor, or a curator ad hoc, as provided for in Article 1191, shall have access to the confidential records of the court pursuant to this Title. Following final disposition of an adoption case, the reports submitted by the department to the judge shall be retained in the court's confidential adoption record.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2008, No. 583, §1.
2023 Louisiana Laws › Children's Code › Art. 1186. Confidential adoption records; disclosure

Art. 1186. Confidential adoption records; disclosure
A. All adoption records shall be retained in confidential files, and it shall be unlawful for anyone except the biological or adopting parent to disclose any identifying information concerning any individual adoption case, except as follows:
(1) Upon order of the court, after giving proper notice as required in Article 1190 or as otherwise authorized by this Code.
(2) Disclosure pursuant to R.S. 40:73, 77, or 79.
(3) For purposes directly connected with an adoption agency's responsibilities in relation to adoption work as permitted by its rules and regulations.
B. If the agency, firm, or lawyer ceases to do business in this state, it shall transfer its adoption records to the Department of Children and Family Services or another transferee approved by the department. Thereafter, the transferee shall ensure the preservation and confidentiality of records required by Paragraph A of this Article and assumes responsibility for providing nonidentifying information as required by Articles 1127 and 1127.1.
C. Any person who violates this requirement of confidentiality shall be fined not more than five hundred dollars or imprisoned for not more than ninety days, or both.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2003, No. 812, §1; Acts 2008, No. 583, §1; Acts 2022, No. 470, §1.
2023 Louisiana Laws › Children's Code › Art. 1188. Motion for disclosure

Art. 1188. Motion for disclosure
A. An adopted person or, if still a minor, his legal representative on his behalf may file a motion for disclosure of information pertaining to his adoption pursuant to Article 1189. The action shall be styled: "In re the Adoption of _____________".
B. A biological sibling or descendant of an adopted person, or if still a minor, his legal representative on his behalf, may file a motion for disclosure pursuant to Article 1189.
C. This action, the limited medical exception provision of Article 1127, and the provisions of R.S. 40:73, 77, and 79 shall be the exclusive means for gaining access to records of adoptions whether maintained by this court, some other court, an adoption agency, any state agency, or private individual, notwithstanding provisions of law to the contrary.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1995, No. 1108, §1; Acts 2008, No. 583, §1; Acts 2022, No. 470, §1.
2023 Louisiana Laws › Children's Code › Art. 1189. Grounds for disclosure

Art. 1189. Grounds for disclosure
A motion for disclosure shall show compelling necessity overriding the general policy of confidentiality for adoption records by alleging any of the following:
(1) There are inheritance rights which are or may be due from the biological parents of the adopted person in accordance with the Civil Code.
(2) There is a medical necessity requiring information about the biological family of the adopted person or his own preadoption health history in order to treat the adopted person, his siblings, or his descendants.
(3) Both the adopted person, or the adoptive parent of a minor or a deceased adoptive person, or a descendant of a deceased adopted person, or his parent if a minor, and a person reasonably believed to be his biological parent or biological sibling, or a parent, sibling, or descendant, or his parent if a minor, of a deceased biological parent have registered with the department pursuant to Chapter 15 of this Title.
(4) The information is otherwise required to be disclosed by federal or state law.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1997, No. 715, §1; Acts 2008, No. 583, §1; Acts 2010, No. 266, §1.
2023 Louisiana Laws › Children's Code › Art. 1190. Authority of the court

Art. 1190. Authority of the court
A. Upon reviewing a motion for disclosure on grounds of either inheritance rights or medical necessity, the court may deny it for lack of a proper showing of compelling necessity. Before granting a motion, the court may appoint a curator ad hoc and shall set the motion for a hearing.
B. Written notice of the date, time, and place of any disclosure proceedings shall be served and a return made in the same manner as a petition on any custodian of records sought to be disclosed at least fifteen days prior to the hearing.
C. Upon a motion by an adopted person, or if a minor, his legal representative, seeking disclosure from the records of the court of nonidentifying medical or genetic information acquired from a physician, agency, or any other source, the court shall order the clerk to make the information available.
D.(1) The court shall grant a motion seeking nonidentifying medical or genetic information, a motion seeking information to verify a match of voluntary registration pursuant to Chapter 15 of this Title, or a motion seeking other information required by law to be disclosed.
(2) The court may appoint a curator ad hoc to open and review the adoption record and original birth certificate. The curator shall report his findings in accordance with Article 1191.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2003, No. 812, §1; Acts 2008, No. 583, §1.
2023 Louisiana Laws › Children's Code › Art. 1191. Duties of a curator ad hoc

Art. 1191. Duties of a curator ad hoc
Upon appointment, the curator ad hoc shall be responsible for:
(1) Securing all records pertaining to the petitioner's request through subpoenas duces tecum or other discovery process, if necessary.
(2) Reviewing all records pertaining to the adoption.
(3) Reporting to the court any objections to disclosure which he may have received from a custodian of records.
(4) Reporting his findings to the court within thirty days of the date of his acceptance of appointment or within an earlier time as ordered by the court due to exigent circumstances, recommending the granting or denial of the request of the mover, and particularizing the necessary scope of any disclosure order for the court's consideration.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2008, No. 583, §1.
2023 Louisiana Laws › Children's Code › Art. 1192. Orders of disclosure

Art. 1192. Orders of disclosure
After a hearing, the court may order disclosure to the extent necessary to satisfy the mover's demonstrated ground for disclosure. Insofar as possible, an order disclosing information from the court's own records or any records obtained by the curator ad hoc shall contain nonidentifying information about the biological family. If the court determines that identifying information shall be disclosed, the court may release such information to the person requiring it and order that the confidentiality be maintained without disclosure to the mover.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2003, No. 567, §1; Acts 2008, No. 583, §1.
2023 Louisiana Laws › Children's Code › Art. 1193. Persons whose consent or relinquishment is required

CHAPTER 6. RIGHTS OF PARENTS; CONSENT;
RELINQUISHMENT
Art. 1193. Persons whose consent or relinquishment is required
Unless rights have been terminated in accordance with Title X or XI, consent to the adoption of a child or relinquishment of parental rights shall be required of the following:
(1) The mother of the child.
(2) The father of the child, regardless of the child's actual paternity, if any of the following apply:
(a) The child is a child born of the marriage in accordance with the Louisiana Civil Code or its legal equivalent in another state.
(b) The father is presumed to be the father of the child in accordance with the Louisiana Civil Code or its legal equivalent in another state.
(3) The alleged father of the child who has established his parental rights in accordance with Chapter 10 of Title XI.
(4) The biological father of the child whose paternity has been determined by a judgment of filiation and who has established his parental rights in accordance with Chapter 10 of Title XI.
(5) The custodial agency which has placed the child for adoption, except that the court may grant the 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.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1995, No. 1095, §6; Acts 2000, 1st Ex. Sess., No. 109, §1, eff. April 17, 2000; Acts 2003, No. 609, §1; Acts 2004, No. 26, §1.
2023 Louisiana Laws › Children's Code › Art. 1195. Consent to adoption given in open court; effect; Statement of Family History

CHAPTER 7. FORM OF PARENTAL CONSENT
Art. 1195. Consent to adoption given in open court; effect; Statement of Family History
A. Any parent may give consent to the adoption of his child in open court, provided that all of the following occur:
(1) The parent appears before the court in person.
(2) The court informs the parent of the consequences of his consent.
(3) The parent voluntarily consents to the adoption.
B. Upon acceptance by the court, the parent's consent to the adoption is irrevocable.
C. Upon acceptance by the court, the parent shall execute the 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 as if the consent were a surrender.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2001, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 1196. Release of claims by alleged father; consent to adoption; Statement of Family History

Art. 1196. Release of claims by alleged father; consent to adoption; Statement of Family History
A. At any time following the birth of the child, any alleged or adjudicated father may execute an authentic act of consent to the adoption of his child, releasing any real or potential claims to the child, including a waiver of service for any subsequent adoption proceeding.
B. Such a consent shall be irrevocable upon execution.
C. Such a consent shall not be evidence of a confession, admission, or acknowledgment of paternity in any proceeding.
D. Any father who executes a release of claims shall also execute the 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 as if the release were a surrender.
E. A father as described by Article 1193(2) shall not be authorized to execute a release of claims but may execute a surrender in accordance with Article 1122.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 567, §1.
2023 Louisiana Laws › Children's Code › Art. 1197. Birth certificate requirement

CHAPTER 8. PRIOR CLEARANCE OF ORIGINAL
BIRTH CERTIFICATE
Art. 1197. Birth certificate requirement
Prior to the initiation of any adoption under the provisions of this Title, the attorney for the petitioners shall obtain a certified copy of the child's birth certificate, which shall be attached to the petition for adoption.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1198. Persons who may petition for adoption

CHAPTER 9. AGENCY ADOPTIONS
Art. 1198. Persons who may petition for adoption
A single person, eighteen years or older, or a married couple jointly may petition to adopt a child through an agency. When one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1199. Agency adoption; petition; contents; form

Art. 1199. Agency adoption; petition; contents; form
A. The petition for an agency adoption shall be styled: "In re _________________, Applying for Agency Adoption." The petition or an attached exhibit shall state:
(1) The full name, address, age, occupation, and marital status of each petitioner.
(2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded.
(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.
(4) If known, the name of every parent whose consent to the adoption is required pursuant to Article 1193(1) and (2) and proof of their consent, or the name of every parent and the reason such consent is not required.
(5) The diligent efforts made in accordance with Article 1135(B), if the alleged father of the child is unknown, which establish that his rights should be terminated in accordance with Article 1135(A).
(6) The date and circumstances under which the child entered the home of the petitioner.
(7) Any relationship existing between the petitioner and the child.
B. The petition shall be accompanied by a certified copy of any order terminating the rights of the child's parents.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
2023 Louisiana Laws › Children's Code › Art. 1202. Service of process

Art. 1202. Service of process
A. A copy of the petition for an agency adoption together with all exhibits shall be served by registered or certified mail, return receipt requested, postage prepaid, or by commercial courier as defined in R.S. 13:3204(D), when the person to be served is located outside of this state, and properly addressed to the department and on any agency having legal custody of the child. Two copies of the same petition need not be served on the department.
B. Except when waived, notice of the filing of the petition shall be served on any parent whose parental rights have not been terminated by a court of competent jurisdiction.
C. If the adoption petition names an alleged or adjudicated father and his parental rights have not been terminated by a court of competent jurisdiction, he shall be served with notice of the filing of the petition in accordance with Articles 1133, 1134, and 1136 and thereafter, his rights shall be determined in accordance with the provisions of Articles 1137 through 1143.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 395, §7.
2023 Louisiana Laws › Children's Code › Art. 1203. Service; resident parent

Art. 1203. Service; resident parent
If a parent upon whom service is required under Article 1202 resides within this state, service shall be made either personally or by domiciliary service not less than thirty days prior to the commencement of the hearing on the petition.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1204. Service; nonresident parent

Art. 1204. Service; nonresident parent
If a parent upon whom service is required under Article 1202 does not reside within this state, service shall be made by registered or certified mail, return receipt requested, postage prepaid and properly addressed to the address indicated in the petition not less than thirty days prior to commencement of the hearing on the petition.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
2023 Louisiana Laws › Children's Code › Art. 1205. Service; absentee parent; curator ad hoc

Art. 1205. Service; absentee parent; curator ad hoc
A. If a parent upon whom service is required under Article 1202 cannot be served in accordance with the provisions of Article 1203 or 1204, the court shall appoint an attorney at law as curator ad hoc for the parent and service shall be made upon the curator ad hoc.
B. Upon appointment of the curator ad hoc, a copy of the court order shall be forwarded to the department.
C. The fees and costs of the curator ad hoc shall be paid by the petitioner, notwithstanding any provision of law to the contrary.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1206. Duties of curator ad hoc

Art. 1206. Duties of curator ad hoc
A. The curator ad hoc shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Any appearances or acceptances of service by the curator ad hoc shall be valid, but he shall not be allowed to waive any rights of notice.
B. The curator ad hoc shall submit to the court a note of evidence indicating the efforts made to locate the parent and shall receive an appropriate fee.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1208. Hearing; petition for agency adoption

Art. 1208. Hearing; petition for agency adoption
A. The court shall sign the order setting the time and place for the hearing of the petition for agency adoption not less than thirty nor more than sixty days after the filing of the adoption petition. The court may extend this time for up to sixty additional days for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed. The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner. If an extension of time is granted, the court shall set a new hearing date and shall require the petitioner to report to the court, either at that hearing, or before, in detail concerning the progress of the child's adoptive placement.
B. At this hearing the court shall consider:
(1) Any motion to intervene which has been filed.
(2) Any other issues in dispute.
(3) The confidential report of the department.
(4) The report of any criminal records concerning the petitioner, including the nature of the offenses, the number of offenses, and the length of time between the offenses and between the last offense committed and the petition for agency adoption. The existence of a criminal record of the petitioner shall not be automatic grounds for the court to refuse to grant an agency adoption.
(5) The report of any validated complaints of child abuse or neglect concerning the petitioner.
(6) The testimony of the parties.
C. If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter.
D. If not previously determined by the court in a separate hearing, the court shall also determine whether any proposed continuing contact agreement involving a child in the custody of the department is in the best interest of the child in accordance with Article 1269.5.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2013, No. 187, §1.
2023 Louisiana Laws › Children's Code › Art. 1209. Intervention

Art. 1209. Intervention
A. Intervention in agency adoption proceedings shall not be allowed except on motion to the court and a showing of good cause.
B. Such intervention shall be limited to persons having a substantial caretaking relationship with the child for one year or longer, or any other person that the court finds to be a party in interest.
C. The intervention of a party in interest shall be for the limited purpose of presenting evidence as to the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1210. Interlocutory decree

Art. 1210. Interlocutory decree
Upon due consideration of the factors enumerated in Article 1208(B), the court may grant or refuse to grant an interlocutory decree during or after the hearing. The basic consideration for this decree shall be the best interests of the child.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
2023 Louisiana Laws › Children's Code › Art. 1211. Final decree at first hearing

Art. 1211. Final decree at first hearing
Notwithstanding Article 1216, upon the consideration of the factors enumerated in Article 1208(B), the court may render a final decree of agency adoption at the first hearing without the necessity of first entering an interlocutory decree, if either:
(1) The child was placed in the petitioner's home by an agency and the child has lived in that home for at least six months prior to the hearing for adoption.
(2) The rights of the child's parents have been terminated pursuant to Title X or XI and the child has lived in the petitioner's home for at least one year.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2012, No. 730, §1.