SLS 10RS-896 ORIGINAL
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 442
BY SENATOR MURRAY
CHILDREN. Provides relative to persons who may petition for intrafamily adoption.
(8/15/10)
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 SB NO. 442
SLS 10RS-896 ORIGINAL
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
person whose spouse is a joint petitioner.1
(3) The petitioner has had or shared legal or physical custody of the child2
for at least six months prior to filing the petition for adoption.3
B. When the spouse of the stepparent or one joint petitioner or sole legal4
parent agreeing to the adoption by a second parent dies after the petition has been5
filed, the adoption proceedings may continue as though the survivor was a single6
original petitioner the death had not occurred.7
* * *8
Art. 1256. Effect of final decree9
* * *10
C.(1) If the adoptive parent is married to a blood parent of the adopted child,11
the relationship of that blood parent and his blood relatives to the adopted child shall12
remain unaltered and unaffected by the adoption.13
(2) If the adoptive parent is a second parent, the relationship of the sole14
legal parent agreeing to the adoption shall remain unaltered and unaffected by15
the adoption.16
* * *17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
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. SB NO. 442
SLS 10RS-896 ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and 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.
Effective August 15, 2010.
(Amends Ch.C. Arts. 1243(A) and (B) and 1256(C))