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 […]
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 […]
Art. 1200. Fee disclosure; permissible reimbursement of expenses; court review; report A. The petitioner shall file with the petition a current estimate and accounting of fees and charges in accordance with Article 1201. The petitioner also shall file a final adoption disclosure affidavit with the court not later than ten days prior to the date […]
Art. 1201. Adoption disclosure affidavit of fees and charges; form A. Each petition for an agency adoption shall be accompanied by an affidavit executed by the petitioner and petitioner’s attorney containing an accounting of all fees and charges paid or agreed to be paid by or on behalf of the petitioner in connection with the […]
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 […]
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.
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 […]
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 […]
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 […]
Art. 1207. Duties of the agency; duties of the department; home study; confidential report A. Prior to the final decree of the adoption, the licensed private adoption agency, or the department, if the child is in custody of the department, shall ensure that all of the prerequisites for adoption that are listed in this Paragraph […]
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 […]
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 […]
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.
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 […]
Art. 1212. Effect of interlocutory decree Upon issuance of an interlocutory decree, the period that must elapse prior to application for final decree of adoption begins to run. Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
Art. 1213. Continuing duties of the department; home study report A. After an interlocutory decree has been entered, the department shall maintain contact with the proposed adoptive home directly or through another agency in accordance with Article 1207. B. The licensed private adoption placing agency, or the department for children in department custody, maintains responsibility […]
Art. 1214. Permanency review A. If an interlocutory decree has not been rendered within six months of the filing of the petition and review hearings are not otherwise required under Titles X and XI, review hearings shall be held every ninety days until an interlocutory decree is rendered. B. If a final decree has not […]
Art. 1215. Revocation of interlocutory decree A. At any time before the entry of the final decree of agency adoption, the court for good cause may revoke its interlocutory decree either on its own motion or on the motion of the department or on the motion of the petitioner or any person interested in the […]
Art. 1216. Petition for final decree A. The child shall have lived with the petitioner for at least one year and at least six months shall have elapsed after the granting of an interlocutory decree before the petitioner may file a petition for final decree of agency adoption. B. The court shall set a time […]
Art. 1217. Final decree; notice; standard A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties. B. The court, after hearing and after taking into consideration information from all sources concerning the adoption, may enter a final decree of agency adoption, or it […]
