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ACT No. 738
Regular Session, 2010
HOUSE BILL NO. 1146
BY REPRESENTATIVE LANDRY
AN ACT1
To amend and reenact Children's Code Articles 1244(A), 1245(A), 1247(B), and 1253(A),2
to enact Children's Code Article 1244.1, and to repeal Children's Code Articles3
1245.1 and 1258, relative to intrafamily adoptions; to provide for the filing of an4
opposition; to provide for notice; to provide for a determination regarding the5
appointment of an attorney by the court; to provide for time periods; to provide for6
the refusal of a decree; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Children's Code Articles 1244(A), 1245(A), 1247(B), and 1253(A) are9
hereby amended and reenacted and Children's Code Article 1244.1 is hereby enacted to read10
as follows: 11
Art. 1244. Consent of parent12
A. Except as otherwise provided herein, any parent may execute an authentic13
act consenting to the adoption of his child in an intrafamily adoption, including a14
waiver of service or notice for any subsequent proceeding.15
* * *16
Art. 1244.1. Opposition to intrafamily adoption; time limitations; appointment of17
counsel; attorney fees18
A. A parent, whose rights have not been terminated in accordance with Title19
X or XI or who has not previously consented to the adoption in accordance with20
Article 1244, may oppose the adoption of his child by filing a clear and written21
answer and opposition to the adoption. The answer and opposition shall be filed22
with the court within fifteen days from the time of service of the filing of an23
intrafamily adoption petition.24 ENROLLEDHB NO. 1146
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B. Upon receipt of the opposition, the court shall appoint an attorney to1
represent the child, subject to the limitations in Article 1121. Neither the child nor2
anyone purporting to act on his behalf may be permitted to waive this right. The3
costs of the representation of the child shall be taxed as costs of court.4
C. When the opposition provides that the parent cannot afford to hire an5
attorney, the court shall determine whether due process requires the appointment of6
counsel within twenty-one days of the filing of the opposition.7
D. Notice shall be served in accordance with Articles 1133 and 1134 on the8
opposing parent, the legal custodian, the petitioner, counsel appointed for the child,9
counsel appointed for the parent, and the other parent not consenting to the adoption10
pursuant to Article 1144 or whose rights have not previously been terminated.11
Art. 1245. Parental consent not necessary; burden of proof12
A. The consent of the parent as required by Article 1193 may be dispensed13
with upon proof by clear and convincing evidence of the required elements of either14
Paragraph B or C of this Article at the hearing on the opposition and petition.15
* * *16
Art. 1247. Service of process17
* * *18
B. Except when waived in accordance with the provisions of Title XI or XII,19
notice shall be issued by the clerk and served, together with a copy of the petition,20
on every parent whose consent to the adoption is required pursuant to Article 119321
and whose parental rights have not been terminated by a court of competent22
jurisdiction, and shall state:23
Notice24
Louisiana law provides that under certain circumstances your consent to the25
adoption of your child may be dispensed with and you can permanently lose your26
rights as a parent by final decree of adoption. An intrafamily adoption petition has27
been filed requesting the court to grant an adoption and terminate your parental28
rights to your child. A copy of the petition is attached to this notice. If you do not29
file a written answer and opposition to the adoption within fifteen days of receiving30 ENROLLEDHB NO. 1146
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this notice you will lose the right to object to the adoption. If you choose to file a1
written answer and opposition to the adoption you must file it with the clerk of court2
at _______________. A court hearing of your case has been scheduled for the ___3
day of ____ at the ___ division of ____ court in the parish of _____. At this hearing,4
you may consent to the adoption or you may oppose the adoption. If you fail to5
appear, the court can grant the adoption and terminate your rights despite your6
absence. If the court at the trial finds that the facts set out in the petition are true and7
that adoption is in the best interests of your child, the court can enter a judgment8
ending your rights to your child. If the judgment terminates your parental rights, you9
will no longer have any rights to visit or to have custody of your child or make any10
decisions affecting your child, and your child will be legally freed to be adopted.11
This is a very serious matter. You should contact an attorney immediately so that12
you can be prepared for the court hearing. You have the right to hire an attorney and13
to have him or her represent you. If you cannot afford to hire an attorney, you may14
call the and you oppose the adoption, your opposition must request that the court15
determine if you have the right to have an attorney appointed. You may also call the16
telephone number on the attached form for information concerning free legal aid.17
If free legal aid is not available, the court will appoint an attorney if the court finds18
that you are unable to pay some or all of the costs. Whether or not you decide to hire19
an attorney, you have the right to attend the hearing of your case, to call witnesses20
on your behalf, and to question those witnesses brought against you. If you have any21
questions concerning this notice, you may call the telephone number of the clerk's22
office which is ___________.23
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Art. 1253. Hearing; petition for intrafamily adoption25
A. The court shall sign the order setting the time and place for the hearing26
of hear the petition for intrafamily adoption not less than thirty nor more than sixty27
days after the filing of the adoption petition within sixty days if there is no28
opposition or within ninety days if there is opposition. The court may extend this29
time for up to sixty days for good cause, which may include a showing by the30 ENROLLEDHB NO. 1146
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department that it has been impossible to gather the necessary data within the time1
prescribed. The court may reduce the time to a minimum of fifteen days with written2
approval of the department and the petitioner. If an extension of time is granted, the3
court shall set a new hearing date and shall require the petitioner to report to the4
court, either at that hearing, or before, in detail concerning the progress of the child's5
adoptive placement.6
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Section 2. Children's Code Articles 1245.1 and 1258 are hereby repealed in their8
entirety.9
Section 3. The Louisiana State Law Institute is hereby directed to prepare comments10
to the provisions of this Act.11
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: