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 […]
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) […]
Art. 1131. Filing of surrender; institution of records check A. Within three days after the surrender becomes irrevocable under Article 1123, exclusive of legal holidays, the agency or attorney for the prospective adoptive parents shall file the authentic act of voluntary surrender, together with a preliminary estimate and accounting of fees and charges in accordance […]
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 […]
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 […]
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 […]
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 […]
Art. 1136. Absentee alleged or adjudicated fathers; curator A. If the alleged or adjudicated father of the child is identified but his whereabouts are unknown, as indicated in a surrender or in a return on service, the court shall appoint a curator and notice of filing of a surrender shall be served upon him. B. […]
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 […]
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 […]
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 […]
Art. 1140. Continuing jurisdiction The court rendering an order pursuant to this Chapter shall have exclusive, original jurisdiction to modify that order. Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
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 […]
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 […]
Art. 1143. Appeal A. An appeal from or application for a rehearing on any order or judgment rendered relative to a provision of this Title shall be in accordance with the provisions of this Article to the extent that the provisions hereof conflict with the provisions of the Code of Civil Procedure. B. An appeal […]
