Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Louisiana may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Louisiana child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
Use of Advertising and Facilitators in Adoptive Placements
Use of Advertisement
Citation: Rev. Stat. § 46:1425(A)
It shall be unlawful for any person other than a licensed child-placing agency or a Louisiana-based crisis pregnancy center to advertise through print or electronic media that it will adopt children
or assist in the adoption of children.
Use of Intermediaries/Facilitators
Citation: Rev. Stat. § 14:286(B)-(C)
The payment or receipt of anything of value for the procurement or assistance in the procurement of a party to an act of voluntary surrender of a child for adoption is prohibited. No petitioner, agency,
attorney, or other intermediary shall make any payment in connection with an adoptive placement other than for reasonable
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: Ch. Code art. 1200; R.S. § 14:286
Reasonable medical and hospital costs of the birth mother, including pharmaceutical, travel, or other similar expenses
Living expenses of the birth mother
Medical, hospital, and foster care expenses of the child
Reasonable expenses for counseling and training services
Attorney fees and court costs
Any other fees the court deems reasonable and necessary
Birth Parent Expenses Not Allowed
Citation: Ch. Code art. 1200
Payment for the birth mother's living expenses may not extend beyond 45 days after the birth.
If a court determines that an expense is unreasonable, it may order a reduction in the amount.
Allowable Payments for Arranging Adoption
Citation: Ch. Code art. 1200; R.S. § 14:286
Except for expenses permitted by law, the payment or receipt of anything of value for the procurement, attempted procurement, or assistance in the procurement of a party to an act of voluntary surrender
of a child for adoption is strictly prohibited.
Allowable Payments for Relinquishing Child
Citation: Ch. Code art. 1200; R.S. § 14:286
Payment of expenses may not be made contingent on the placement of a child for adoption.
It is unlawful for any person to sell or surrender a child to another person for money or anything of value.
Accounting of Expenses Required by Court
Citation: Ch. Code art. 1200; 1201
A preliminary estimate and accounting of fees must be filed with the adoption petition.
Each petition for an agency adoption shall be accompanied by an affidavit of accounting of all fees and charges paid or agreed to be paid.
A form for the affidavit is in Ch. Code art. 1201.
The final adoption decree will not be issued until the final accounting is reviewed and approved.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ch. Code Art. 1193; 1113
Consent to the adoption of a child shall be required of the following:
The mother of the child
The father of the child, regardless of the child's actual paternity, if any of the following apply:
The child is a child born of the marriage.
The father is presumed to be the father of the child in accordance with law.
The alleged father of the child who has established his parental rights in accordance with law
The biological father of the child whose paternity has been determined by a judgment of filiation and who has established his parental rights
The custodial agency that has placed the child for adoption
If a parent executing a surrender in a private adoption is a minor, the parents or tutor of the minor must join in the surrender unless the minor parent has been judicially emancipated or emancipated by
marriage.
When Parental Consent is not Needed
Citation: Ch. Code Art. 1193; 1245
The consent of the parent is not required if his or her rights have been terminated in accordance with Title X or XI.
The court may grant an adoption without the consent of the agency, if the adoption is in the best interest of the child and there is a finding that the agency has unreasonably withheld its consent.
In an intrafamily adoption, the consent of a parent may be dispensed with when the parent with custody is married to the petitioner and the other parent has failed to support, visit, or communicate
with the child without just cause for at least 6 months.
When Consent Can Be Executed
Citation: Ch. Code Art. 1122(b)(1); 1130; 1195
No act of surrender by a mother shall be executed earlier than 5 days following the birth of the child.
A father may execute an act of surrender prior to the birth of the child or at any time after the birth. However, any surrender executed by a father earlier than the 5th day following the birth of the
child shall not be irrevocable until the 5th day following the birth of the child.
An alleged or adjudicated father may execute an act of surrender prior to the birth of the child or at any time after the birth. His surrender shall be irrevocable upon execution.
Revocation of Consent
Citation: Ch. Code Art. 1123; 1147
Consent is irrevocable upon execution.
Except as noted in article 1130 above, no act of surrender shall be subject to annulment except upon proof of duress or fraud.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: R.S. § 9:400; Ch. C. art. 1133 and 1137(A)
The putative father may file before or after the child's birth.
Registration requires a completed Department of Health and Hospitals, Office of Preventive and Public Health Services, form.
Notice of the filing of the mother's surrender of the child is given to the putative father.
The putative father may oppose an adoption by filing a declaration of intention, which must be filed within 15 days after service of notice of surrender, or from the time he was served with notice of adoption,
if no surrender was filed or executed.
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