Louisiana Children’s Code 1135 – Unidentified fathers; diligent effort; order
Terms Used In Louisiana Children's Code 1135
- Agency: includes the Department of Children and Family Services, the corresponding department of any other state, and those private agencies and institutions licensed for the placement of children for adoption by the Department of Children and Family Services or by the corresponding department of any other state. See Louisiana Children's Code 1103
- Birth certificate: means the child's official birth certificate or a true copy of a prefiled version of the birth certificate in the event the official birth certificate has not yet been issued. See Louisiana Children's Code 1103
- Child: means a person under eighteen years of age and not emancipated by marriage. See Louisiana Children's Code 1103
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Putative father registry: means the Louisiana putative father registry established in Part I-C of Chapter 1 of Code Title VII of Code Book I of Title 9 of the Louisiana Revised Statutes of 1950, comprised of Louisiana Children's Code 1103
A. If the father of the child is unknown, the court, upon motion of the agency or attorney for the prospective adoptive parent and upon finding that a diligent effort has been made to identify the father, shall terminate the father’s parental rights.
B. For purposes of this Article, the existence of all of the following is sufficient proof that the father is unknown and a diligent effort was made to identify him:
(1) A declaration by the surrendering mother in the act of surrender that the father is unknown.
(2) A certified copy of the child’s birth certificate with no one indicated thereon as the father of the child.
(3) A certificate from the putative father registry indicating that no person is listed or registered as the child’s father, which certificate must be dated more than fifteen days after the date the act of surrender was executed by the surrendering mother.
(4) A certificate from the clerk of court in the parish in which the child was born indicating that no acknowledgment with respect to this child has been recorded, which certificate must be dated more than fifteen days after the date the act of surrender was executed by the surrendering mother.
Acts 1991, No. 235, §11, eff. Jan. 1, 1992.