LOUISIANA

 A single person 18 years of age or older can adopt. A married couple jointlycan adopt. If the person seeking to adopt is the stepparent of a legitimatechild, the parent does not need to join the adoption petition.

Who Can Be Adopted?

 Any person can be adopted.

Consent to Adoption

 The following people must consent to the adoption:

 (1) both parents, this includes the man who has established paternity, isalleged/presumed to be the father and has established parental rights, hasregistered (see Putative Father Registry), or has been otherwise legitimated.

 (2) the agency, if the child was surrendered.

 Consent is not required:

 (1) if the parent is mentally incompetent;

 (2) of a noncustodial parent, in the case of stepparent adoptions orgrandparent adoptions, when that parent

 has failed to provide child support, as ordered by the court,

 is not a resident of the State and has failed to provide child support for 1or more years, or

 has failed to communicate or visit with the child for 2 years.

 A final decree of adoption may only be annulled upon a finding of fraud orduress and the action must be brought within six months of the discovery offraud or duress.

Putative Father Registry

 A man may register acknowledgment or legitimation of paternity or a judgmentdeclaring paternity with the registry. Filing with the registry entitles theman to parental rights and renders his consent necessary for adoption, exceptin the cases listed under ``consent is not required."

Confidentiality

 All adoption hearings are heard in the judge's chambers and records from theproceeding are kept confidential, except upon a court order.

 Parents who give up their child for adoption must submit a written statementof their family history to be given to the adoptive parents. This statementmust include medical history and ages of biological parents, but will notreveal any identifying information. This statement is given to the adoptiveparents upon placement.

 There is created within the Office of Human Development of the Department ofHealth and Human Resources a voluntary registry for the matching of adoptedpersons and their biological parents. The purpose of the registry is tofacilitate voluntary contact between the adoptee and the biological parents.No registration is permitted until 25 years after the birth of the adoptee.

Permissible Fees

 The adoption petition to the court will include a statement of fees paid inconnection with the adoption. There are a number of fees that are permissibleby the court, for example, medical and hospital expenses, reasonable expensesincurred for investigation and home study, and attorney fees.

Place of Adoption Hearing

 The hearing may take place in the court of the county where the adoptiveparent or the legal guardian resides, where the consent to adoption occurred,or where the termination of parental rights occurred.

Authority To Place Child

 The Department of Health and Human Resources, the corresponding agency of anyother State, and those private agencies and institutions licensed for theplacement of children for adoption by the Department of Health and HumanResources have authority to place a child for adoption.

Relative Adoption

 When a grandparent has been granted custody of the child there is apresumption, which can be disputed, that the adoption by the grandparent is inthe best interest of the child.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

Louisiana State Bar Association
610 St. Charles Avenue
New Orleans, LA 70130
(504) 566-1600

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