HLS 12RS-1439 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1081
BY REPRESENTATIVE BROSSETT
ADOPTION: Provides with respect to intrafamily adoptions
AN ACT1
To amend and reenact Children's Code Articles 1243(A)(introductory paragraph), (1) and2
(3), and (B), and 1256(C) and to enact Children's Code Article 1243(C)(4) and (D),3
relative to intrafamily adoptions; to provide for the persons who may petition for4
intrafamily adoptions; to provide relative to fictive stepparents; to provide for the5
effects of the death of a sole legal parent; to provide an exception for the termination6
of rights; to define "fictive stepparent"; to provide relative to the effect of a final7
decree of adoption; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Children's Code Articles 1243(A)(introductory paragraph), (1) and (3),10
and (B), and 1256(C) are hereby amended and reenacted and Children's Code Article11
1243(C)(4) and (D) are hereby enacted to read as follows: 12
Art. 1243. Persons who may petition for intrafamily adoption13
A. A stepparent, fictive stepparent, stepgrandparent, great-grandparent,14
grandparent, or collaterals within the twelfth degree may petition to adopt a child if15
all of the following elements are met:16
(1) The petitioner is related to the child by blood, adoption, or affinity17
through a parent recognized as having parental rights or there is a sole legal parent18
who agrees to the adoption.19
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HB NO. 1081
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) The petitioner has had or has shared legal or physical custody of the child1
for at least six months prior to filing the petition for adoption and the petitioner is2
committed to remaining in the home of the child on a permanent basis.3
B. When the spouse of the stepparent, or one joint petitioner, or the sole legal4
parent agreeing to the adoption by a fictive stepparent dies after the petition has been5
filed, the adoption proceedings may continue as though the survivor was a single6
original petitioner death had not occurred.7
C. For purposes of this Chapter, "parent recognized as having parental8
rights" includes not only an individual enumerated in Article 1193, but also:9
* * *10
(4) A sole legal parent who has sole parental rights through a single parent11
adoption or in vitro fertilization.12
D. For the purposes of this Chapter, a "fictive stepparent" is an individual13
who is not related by blood or affinity but who lives in the home of the child and has14
established a relationship with the child that is characterized by the exercise of15
parental affection, concern, obligation, and responsibility.16
* * *17
Art. 1256 Effect of final decree18
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C. If the adoptive parent is married to or has been living in a co-parent20
relationship with a blood parent of the adopted child, the relationship of that blood21
parent and his blood relatives to the adopted child shall remain unaltered and22
unaffected by the adoption.23
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HB NO. 1081
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Brossett HB No. 1081
Abstract: Provides that a fictive stepparent is a proper party to petition for intrafamily
adoption and that a sole legal parent who has sole parental rights through a single
parent adoption or in vitro fertilization is a parent recognized as having parental
rights.
Present law provides a list of proper parties to petition for intrafamily adoption and provides
a list of elements that must be met for a proper party to petition for adoption. Enumerates
list of parents recognized as having parental rights.
Proposed law retains present law and extends list of proper parties to petition for intrafamily
adoptions to include fictive stepparents. Also adds a necessary element that if a petitioner
is not related to the child through a parent recognized as having parental rights, then a sole
legal parent may agree to the adoption. Further designates a sole legal parent who has sole
parental rights through a single parent adoption or in vitro fertilization as a parent recognized
as having parental rights.
Present law further provides that if an adoptive parent is married to the blood parent of the
adopted child, the relationship of the blood parent and blood relatives of the adopted child
shall not be affected.
Proposed law extends present law to apply when the adoptive parent has been living in a co-
parent relationship with a blood parent of the adopted child.
(Amends Ch.C. Arts. 1243(A)(intro. para.), (1) and (3), and (B), and 1256(C); Adds Ch.C.
Art. 1243(C)(4) and (D))