Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Louisiana adoption laws you need to know about when considering this for your family.
The consent of the father is required regardless of the child's actual paternity, if the child is a child born of the marriage. The father’s consent is also required if he is presumed to be the father of the child in accordance with law, or has established his parental rights under the law. Consent may not be necessary if the father’s parental rights have been terminated.
La. Stat. Ann. §§ 1193, 1113 (2020)
In Louisiana, registering in the putative father registry creates a rebuttable presumption that the registrant is the father, and it facilitates the participation of the father in an adoption proceeding for the child.
In Louisiana, an expectant mother may receive money for medical expenses, counseling expenses, expenses incurred obtaining information for required Statement of Family History, legal expenses, travel expenses, living expenses from a reasonable time before giving birth until forty-five days postpartum, and other expenses the court finds reasonable. If the court finds the amount reached to be unreasonable, it may order a reduction in the amount to be disbursed or order a refund.
The surrendering parent shall be represented by counsel and shall not be represented by the same attorney as the prospective adoptive parents.
A postadoption contact agreement must be signed by the parties and in writing. If desired, the court may recommend mediation and, if necessary, may appoint independent counsel to advocate for the child. Failure to comply with the terms is not grounds to set aside the adoption, but the biological parent may seek enforcement of the agreement.
La. Child. Code Ann. art. 1264, 1269 (2020)
Click here for a map showing which states enforce open adoption agreements.
Consent to a private adoption may be made five days after the birth of the child.
La. Child. Code Ann. art. 1122 (2020)
Consent is irrevocable unless obtained by fraud or duress. Consent is irrevocable in any circumstance ninety days after the execution.