HLS 10RS-369 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1146
BY REPRESENTATIVE LANDRY
ADOPTION: Provides relative to the right to counsel in intrafamily adoptions
AN ACT1
To amend and reenact Children's Code Article 1247(B) and to repeal Children's Code2
Article 1245.1, relative to the right to counsel provisions for intrafamily adoptions;3
to eliminate the appointment of an attorney by the court; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Children's Code Article 1247(B) is hereby amended and reenacted to read7
as follows: 8
Art. 1247. Service of process9
* * *10
B. Except when waived in accordance with the provisions of Title XI or XII,11
notice shall be issued by the clerk and served, together with a copy of the petition,12
on every parent whose consent to the adoption is required pursuant to Article 119313
and whose parental rights have not been terminated by a court of competent14
jurisdiction, and shall state:15
Notice16
Louisiana law provides that under certain circumstances your consent to the17
adoption of your child may be dispensed with and you can permanently lose your18
rights as a parent by final decree of adoption. An intrafamily adoption petition has19
been filed requesting the court to grant an adoption and terminate your parental20 HLS 10RS-369 ORIGINAL
HB NO. 1146
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are additions.
rights to your child. A copy of the petition is attached to this notice. A court hearing1
of your case has been scheduled for the ___ day of ____ at the ___ division of ____2
court in the parish of _____. At this hearing, you may consent to the adoption or you3
may oppose the adoption. If you fail to appear, the court can grant the adoption and4
terminate your rights despite your absence. If the court at the trial finds that the facts5
set out in the petition are true and that adoption is in the best interests of your child,6
the court can enter a judgment ending your rights to your child. If the judgment7
terminates your parental rights, you will no longer have any rights to visit or to have8
custody of your child, or make any decisions affecting your child and your child will9
be legally freed to be adopted. This is a very serious matter. You should contact an10
attorney immediately so that you can be prepared for the court hearing. You have11
the right to hire an attorney and to have him or her represent you. If you cannot12
afford to hire an attorney, you may call the telephone number on the attached form13
for information concerning free legal aid. If free legal aid is not available, the court14
will appoint an attorney if the court finds that you are unable to pay some or all of15
the costs. Whether or not you decide to hire an attorney, you have the right to attend16
the hearing of your case, to call witnesses on your behalf, and to question those17
witnesses brought against you. If you have any questions concerning this notice, you18
may call the telephone number of the clerk's office which is ___________.19
* * *20
Section 2. Children's Code Article 1245.1 is hereby repealed in its entirety.21
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Landry HB No. 1146
Abstract: Repeals the provisions regarding the appointment of an attorney in intrafamily
adoptions.
Present law provides that if the adoption petition seeks to terminate parental rights of a
parent whose consent to the adoption is required and the parent notifies the court of his intent
to oppose the adoption, the child and the parent shall each have the right to be represented
by separate counsel in the adoption proceeding. HLS 10RS-369 ORIGINAL
HB NO. 1146
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are additions.
Present law further provides that upon receipt of a notice of opposition, the court shall
appoint a qualified, independent attorney to represent the child in such a proceeding. Neither
the child nor anyone purporting to act on his behalf may be permitted to waive the child's
right to counsel. The costs of the child's representation shall be taxed as costs of court.
Present law also provides that if the court determines that the parent is indigent and unable
to employ counsel solely for that reason, an attorney shall be appointed to represent the
parent. The costs of the indigent parent's representation may be taxed as court costs.
Proposed law repeals present law.
Present law provides that notice of an intrafamily adoption shall be issued to every parent
whose consent to the adoption is required and shall state, in part, that parents have the right
to hire an attorney and if they cannot afford one or free legal aid is not available, the court
will appoint an attorney for them.
Proposed law deletes present law regarding the appointment of an attorney.
(Amends Ch.C. Art. 1247(B); Repeals Ch.C. Art. 1245.1)