Consent to Adoption - Louisiana

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.

Consent of Child Being Adopted

This issue is not addressed in the statutes reviewed.

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 interests of the child, and there is a finding that the agency has unreasonably withheld its consent.

Parental consent is not necessary when a petitioner in an intrafamily adoption has been granted custody of the child by a court of competent jurisdiction, and the parent has failed to support, visit, or communicate with the child without just cause for at least 6 months.

Parental consent is not necessary when the spouse of a stepparent petitioner has been granted sole or joint custody of the child or is otherwise exercising lawful custody of the child, and the other parent has refused 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

The act of surrender shall not be executed earlier than the third day following the birth of the child if it is an agency adoption or the fifth day following the birth of the child if the adoption is a private adoption.

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 fifth day following the birth of the child shall not be irrevocable until the fifth 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.

How Consent Must Be Executed

Citation: Ch. Code Art. 1120; 1122

Prior to the execution of any surrender, the parent shall participate in a minimum of two counseling sessions with a licensed social worker, psychologist, psychiatrist, or a counselor employed by a licensed child-placing agency.

The act of surrender shall make the following declarations:

• The parent has no mental incapacity.
• A minor parent is joined in the act of surrender by the parents or tutor or has the consent of the court except when surrendering to an agency.
• The parent has been informed and understands that the act of surrender is irrevocable.
• The parent freely and voluntarily surrenders custody of the child for the purpose of adoption and waives notice of any subsequent adoption proceedings.
• The parent has been informed of the voluntary registration law for contact between the parent and the surrendered child upon the child's reaching majority.
• A surrendering parent, the agency accepting the surrender, or a prospective adoptive parent are domiciled in the State, or the child is in the custody of the Department of Social Services.
• In an adoption arranged by the department, execution of the surrender is made without conditions of any kind.
• The surrendering mother does or does not wish to be notified of a hearing of any opposition to the adoption filed pursuant to article 1137.
• The surrendering parent does or does not wish the future release of identifying information in the event of a medical necessity for which information is needed in order to treat the child.
• The parent has been informed that the Statement of Family History will be given to the adoptive parents at the time of placement and made available, upon request, to the child at age 18.
• The parent has received the required counseling sessions, or, in the case of the father, he has waived such counseling.
• The parent has consulted with and been fully advised by an attorney, other than the attorney of the prospective adoptive parent.

Revocation of Consent

Citation: Ch. Code Art. 1123; 1147; 1148; 1195

Consent is irrevocable upon execution and acceptance by the court.

Except as noted in article 1130, no act of surrender shall be subject to annulment except upon proof of duress or fraud. No action to annul a surrender shall be brought for any reason after 90 days from its execution or after a decree of adoption has been entered, whichever is earlier.