HLS 10RS-1561 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. 738
BY REPRESENTATIVE LAFONTA
CHILDREN/ADOPTION: Provides relative to persons who may petition for intrafamily
adoption
AN ACT1
To amend and reenact Children's Code Articles 1243(A) and (B) and 1256(C), relative to2
intrafamily adoptions; to provide for the persons who may petition for intrafamily3
adoptions; to add second parent to the list of petitioners; to provide for the death of4
a sole legal parent; to provide an exception for the termination of rights; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Children's Code Articles 1243(A) and (B) and 1256(C) are hereby8
amended and reenacted to read as follows: 9
Art. 1243. Persons who may petition for intrafamily adoption10
A. A stepparent, stepgrandparent, great-grandparent, grandparent, second11
parent, aunt, great aunt, uncle, great uncle, sibling, or first, second, or third cousin12
may petition to adopt a child if all of the following elements are met:13
(1) The petitioner is related to the child by blood, adoption, or affinity14
through a parent recognized as having parental rights or the petitioner is the sole15
legal parent and agrees to the adoption of the child by a second parent.16
(2) The petitioner is a single person over the age of eighteen or a married17
person whose spouse is a joint petitioner.18
(3) The petitioner has had or shared legal or physical custody of the child for19
at least six months prior to filing the petition for adoption.20 HLS 10RS-1561 ORIGINAL
HB NO. 738
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. When the spouse of the stepparent or one joint petitioner or sole legal1
parent agreeing to the adoption by a second parent dies after the petition has been2
filed, the adoption proceedings may continue as though the survivor was a single3
original petitioner the death had not occurred.4
* * *5
Art. 1256. Effect of final decree6
* * *7
C.(1) If the adoptive parent is married to a blood parent of the adopted child,8
the relationship of that blood parent and his blood relatives to the adopted child shall9
remain unaltered and unaffected by the adoption.10
(2) If the adoptive parent is a second parent, the relationship of the sole legal11
parent agreeing to the adoption shall remain unaltered and unaffected by the12
adoption.13
* * *14
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)]
LaFonta HB No. 738
Abstract: Provides for a second parent to petition for intrafamily adoption.
Present law provides for the persons who may petition for intrafamily adoption if certain
criteria are met.
Proposed law retains present law and adds "second parent" to the list of petitioners.
Present law requires the petitioner to be related to the child by blood, adoption, or affinity
through a parent having parental rights.
Proposed law retains present law but provides an option to relation by blood if a sole legal
parent agrees to the adoption by the second parent.
Present law provides provisions for the death of one petitioner.
Proposed law adds provisions for the death of the sole legal parent.
Present law provides that if the adoptive parent is married to a blood parent, the adoption
does not affect the relationship of the blood parent to the child. HLS 10RS-1561 ORIGINAL
HB NO. 738
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains present law and provides the same exception regarding second parents
and relationship of the sole legal parent to the child.
(Amends Ch.C. Arts. 1243(A) and (B) and 1256(C))