Litigation documentation

Question 1

Louisiana Civil Code Article 185: Presumption of Paternity of Husband

Answer 1

The husband of the mother is presumed to be the father of a child born during the marriage or within 300 days from the termination of the marriage

Question 2

Louisiana Civil code Article 186: Presumption if Child is Born after divorce or after death of husband; Effect of Disavowal

Answer 2

If a child is born within 300 days from the day of the termination of a marriage and his mother has married again before his birth, the first husband is presumed to be the father

Question 3

Louisiana Civil Code Article 189: Time Limit for Disavowal by the Husband

Answer 3

The action for disavowal of paternity is subject to liberative prescription of one year

Question 4

Louisiana Civil Code Article 191: Contestation and Establishment of Paternity by Mother

Answer 4

The mother of a child may institute an action to establish both that her former husband is not the father of the child and that her present husband is the father. This action may be instituted only if the present husband has acknowledged the child by authentic act or by signing the birth certificate

Question 5

Louisiana Civil Code 193: Contestation and establishment of paternity; time period

Answer 5

This action by the mother shall be instituted within a preemptive period of 100 days from the marriage to her present husband and also within 2 years from the day of the birth of the child

Question 6

Agency Adoption

Answer 6

An adoption of a child who was placed in the prospective parent’s home by a licensed adoption agency.

Question 7

Private Adoption

Answer 7

When the birth mother surrenders her child to particular parents for adoption

Question 8

Intra-Family Adoption

Answer 8

Adoption by a step-parent married to the parent of a child, or a step grandparent, great grandparent, grandparent, or collaterals within the 12th degree, or when the child has lived with them for six months

Question 9

Adult Adoption

Answer 9

A person who has attained the age of majority may be adopted without judicial authorization only when the adoptive parent is the spouse of a parent of the person to be adopted. In other proposed adult adoption, the court, upon the joint petition of the adoptive parent and the person to be adopted, may authorize the adoption of a person who has attained the age of majority, if the court finds after a hearing that the adoption is in the best interest of both parties.

Question 10

Effect of Adoption

Answer 10

Upon adoption, the adopting parent becomes the parent of the child for all purposes and the filiation between the child and his legal parent is terminated. The adopted child and his descendants inherit from the adoptive parent and the relatives of that adoptive parent.

Question 11

Every act of intent to surrender for adoption shall contain the following information

Answer 11

A. The name and address of the alleged father of the child or expected child
B. The anticipated or actual birth date of the child
C. The court in which the act of intent to surrender for adoption will be filed

Question 12

The act of intent to surrender for adoption shall also recite the following declarations:

Answer 12

A. Whether the act of intent to surrender for adoption is being executed prior to or after the birth of the child
B. That she has no mental incapacity and is under no interdiction that impairs her capacity to consent to the surrender of her child

Question 13

Private adoptions

Answer 13

In a private adoption, the act of intent to surrender for adoption shall also recite that the pregnant female or mother has consulted with and been fully advised by an attorney about the meaning of these declarations and the consequences of the act of intent to surrender for adoption

Question 14

Domiciliary Requirements

Answer 14

A surrendering parent must be domiciled in this state for at least eight months, unless a prospective adoptive parent has been domiciled in this state for at least eight months, or the child is in the custody of the Department of Children and Family Services

Question 15

Minor Parents

Answer 15

A. 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
B. When the parents of the minor are separated or divorced, only the parent who has legal custody of the minor must join in the surrender
C. When the minor’s parents or tutor refuse to join in the act or cannot be located, the court may authorize the minor to surrender without the required consent if it finds that the minor is sufficiently mature and well informed to surrender his child for adoption or that the surrender is otherwise in the child’s best interest

Question 16

Mentally Incapacitated Parents

Answer 16

Any parent who has been interdicted or who the court finds to be mentally incapable of giving a knowing and voluntary surrender shall not execute an act of surrender

Question 17

Anonymity; Limitations upon attorney as representative

Answer 17

For the purposes of insuring anonymity in private adoptions, an attorney at law licensed to practice in this state may be named in the surrender as representative of the accepting person

Question 18

Pre-Surrender Counseling; Affidavit

Answer 18

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

Question 19

Effect of Surrender; Verification of judgment of adoption

Answer 19

An act of surrender shall be irrevocable upon execution except as provided in article 1130

Question 20

The statement of family history shall contain the following non identifying information, if known:

Answer 20

A. The age of each biological parent
B. Descriptive information about each biological parent
C. The biological relationship between parents, if applicable

Question 21

Time Limitations

Answer 21

A. No act of surrender for private adoption by a mother shall be executed earlier than five days following the birth of the child
B. 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 for private adoption earlier than the fifth day following the birth of the child shall not be irrevocable until the fifth day following the birth of a child.

Question 22

Absentee Alleged or Adjudicated Fathers

Answer 22

If the alleged or adjudicated father of the child is identified but his whereabouts are unknown, as indicated in a surrender or in a return on service, the court shall appoint a curator and notice of filing a surrender shall be served upon him.

Question 23

Time Limitations; Finality

Answer 23

No action to annul a surrender shall be brought for any reason after ninety days from its execution or after a decree of adoption has been entered, whichever is earlier

Question 24

Home Study

Answer 24

The Sherriff department shall conduct and accord priority to request for a criminal records check for all federal and state arrests and convictions and validated complaints of child abuse or neglect

Question 25

Fee Disclosure

Answer 25

A. Reasonable medical expenses including hospital, testing and nursing etc. B. Reasonable expenses incurred for mental health counseling services provided to a biological parent or a child for a reasonable time before and after the child's adoption placement C. Reasonable expenses incurred in ascertaining the information required by articles 1124 and 1125