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Terms Used In Louisiana Children's Code 1113

  • 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
  • Child: means a person under eighteen years of age and not emancipated by marriage. See Louisiana Children's Code 1103

A.  Except as otherwise provided herein, 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 under Civil Code Article 385 or emancipated by marriage under Civil Code Articles 379 through 384.

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.

D.  In an intrafamily adoption, the parents or tutor of the minor parent must join in the minor’s consent to his child’s adoption unless the court 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.

E.  A minor may surrender to an agency without the consent of the parents or tutor of the minor.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000.