Unless rights have been terminated in accordance with Title X or XI, consent to the adoption of a child or relinquishment of parental rights shall be required of the following:

(1)  The mother of the child.

(2)  The father of the child, regardless of the child’s actual paternity, if any of the following apply:

(a)  The child is a child born of the marriage in accordance with the Louisiana Civil Code or its legal equivalent in another state.

(b)  The father is presumed to be the father of the child in accordance with the Louisiana Civil Code or its legal equivalent in another state.

(3)  The alleged father of the child who has established his parental rights in accordance with Chapter 10 of Title XI.

(4)  The biological father of the child whose paternity has been determined by a judgment of filiation and who has established his parental rights in accordance with Chapter 10 of Title XI.

(5)  The custodial agency which has placed the child for adoption, except that the court may grant the adoption without the consent of the agency if the adoption is in the best interest of the child and there is a finding that the agency has unreasonably withheld its consent.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1995, No. 1095, §6; Acts 2000, 1st Ex. Sess., No. 109, §1, eff. April 17, 2000; Acts 2003, No. 609, §1; Acts 2004, No. 26, §1.