Louisiana

Louisiana

Adoption

Access to Adoption Records

Who May Access Information
Citation: Ch. Code Art. 1126; 1270The voluntary adoption registry may be used by:

  • The adopted person who is at least age 18
  • The birth mother and birth father
  • The parents or siblings of a deceased birth parent
  • An adoptive parent of a minor or deceased adopted person
  • The birth siblings who are age 18 or older

Nonidentifying information shall be provided to:

  • The adoptive parents
  • The adopted person who is age 18 or older
  • The birth parents

Access to Nonidentifying Information
Citation: Ch. Code Art. 1126; 1127; 1127.1

The agency or person to whom a surrender is made shall have the duty to make a good faith effort to obtain the Statement of Family History required by Articles 1124 and 1125, to deliver it to prospective adoptive parents upon placement, and to make it available, upon request, to the adopted person at age 18 or older. If the Statement of Family History is subsequently transferred to another agency or person, the new custodian of the information assumes responsibility to the adopted person.Any adopted person, or if still a minor, his or her legal representative, or a birth parent, may, upon written request, obtain nonidentifying medical or genetic information without the necessity of filing a motion for disclosure. Upon such a request, the agency or person shall make a good faith effort to review and abstract nonidentifying genetic or medical information from all available records and sources that are similar in content to the Statement of Family History.

After adoptive placement of the child, the agency or person to whom a surrender is made shall have a continuing duty to maintain these records and supplement them if additional nonidentifying medical or genetic information is received about the adopted child or a birth parent. Upon such a request, the agency or person shall disclose such information. In fulfilling this continuing duty, the agency or person is authorized to contact the adopted person, adoptive parents, and birth parents to provide updated nonidentifying medical and genetic information or to facilitate the exchange of information between the parties.

Mutual Access to Identifying Information
Citation: Ch. Code Art. 1270

The Office of Community Services of the Department of Social Services shall maintain a voluntary registry for the matching of adopted persons and birth parents or siblings, or both. The purpose of this registry shall be to facilitate voluntary contact between the adopted person and the birth parents or siblings, or both.

The use of the registry shall be limited to the adopted person who is at least age 18, the birth mother, the birth father, parents or siblings of a deceased birth parent, an adoptive parent of a minor or deceased adopted person, and any birth sibling who is at least age 18. No registration by an adopted person shall be permitted until all birth siblings who were adopted by the same adoptive parents have reached age 18.

The registry shall not release any information from adoption records in violation of the privacy or confidentiality rights of a birth parent who has not authorized the release of any information.

The registry shall confirm for an adopted person the fact of his or her adoption and identify the court in which the adoption was finalized and the agency, firm, or lawyer facilitating the adoption when that information is known by the department. To receive this information, the adopted person shall be age 18 or older, submit the request in writing, and provide proof of identity.

Access to Original Birth Certificate
Citation: Rev. Stat. § 40:73

The original birth certificate is available:

  • Upon court order to the adopted person or if deceased, the adopted person’s descendants, or the adoptive parent
  • To the agency that was a party to the adoption upon court order after a showing of compelling reasons

Where the Information Can Be Located

Louisiana Voluntary Adoption Registry, Department of Children and Family Services

Collection of Family Information About Adopted Persons and Their Birth Families

Agency or Person Preparing the Report
Citation: Children’s Code Art. 1207; 1229
The Department of Social Services shall investigate the proposed private or agency adoption and submit a confidential report of its findings to the court.The department may delegate the performance of this investigation to a licensed private adoption agency, but the department remains responsible for ensuring the accuracy and thoroughness of the resulting report.Contents of Report About the Adopted Person
Citation: Children’s Code Art. 1207; 1229; 1125
The department’s report shall include:

  • The physical and mental condition of the child
  • Other factors regarding the suitability of the child for adoption in petitioner’s home

The Statement of Family History from the surrendering parent shall contain the following information about the child, if applicable:

  • Immunization record
  • Illness history

Contents of Report About the Birth Family
Citation: Children’s Code Art. 1124; 1125
A surrendering parent shall execute a Statement of Family History that shall be attached to the Act of Surrender.The Statement of Family History shall contain the following nonidentifying information, if known:

  • The age of each birth parent
  • Descriptive information about each birth parent
  • The biological relationship of the parents, if applicable
  • Explicit and extensive medical genetic histories of each birth parent and his or her parents, siblings, grandparents, great-grandparents, aunts, uncles, and cousins

When the Report Is Made
Citation: Children’s Code Art. 1124
The Statement of Family History from the surrendering parent shall be given to the prospective adoptive parents at the time of placement.

Exceptions for Stepparent or Relative Adoptions
Citation: Children’s Code Art. 1252
The department need not investigate a proposed intrafamily adoption except upon order of the court. If the court orders an investigation, it may request any information that it deems relevant and require that the department submit a confidential report of its findings to the court.

Intestate Inheritance Rights for Adopted Children

Birth Parents in Relation to Adopted Person
Citation: Ch. Code Art. 1240; 1256(C); 1218
Upon adoption, the birth parents and birth relatives of the adopted person are relieved of all of their legal duties and divested of all of their legal rights with regard to the adopted person, including the right of inheritance from the adopted person.The right of the child to inherit from his or her birth parents and other birth relatives is unaffected by the adoption.If the adoptive parent is married to a birth parent of the adopted child, the relationship of that birth parent and his or her blood relatives to the adopted child shall remain unaltered and unaffected by the adoption.Adoptive Parents in Relation to Adopted Person

This issue is not addressed in the statutes reviewed.

Adopted Persons Who Are Not Included in a Will

This issue is not addressed in the statutes reviewed.

 

State Recognition of Intercountry Adoptions Finalized Abroad

Effect and Recognition of a Foreign Adoption Decree
Citation: La. Ch. C. Art. § 1282.1 A petition must be filed with the court for recognition of a foreign adoption.Readoption After an Intercountry Adoption
Citation: La. Ch. C. Art. §§ 1282.1; 1282.2

The adoptive parents will petition the State court for recognition of a foreign adoption decree that was issued in a foreign country. The petition will state:

  • The full name, address, age, occupation, and marital status of each petitioner, at least one of whom is a legal resident of the State of Louisiana
  • The name by which the child is known
  • The place and date of the birth of the child if known, and if not known, the approximate age of the child
  • The date and circumstances under which the child was adopted

The petition will be accompanied by:

  • A certification for adoption
  • A certified copy of the U.S. Immigration and Naturalization Service* documentation of orphan status
  • Documentary proof of citizenship status
  • The original or a certified copy of a valid foreign adoption decree and birth certificate, together with a notarized translation
  • An affidavit of fees and expenses

The court will issue a judgment recognizing the foreign adoption and rendering a final decree of adoption upon finding that the conditions listed above have been met, and:

  • The original or a certified copy of the foreign adoption decree, together with a notarized transcript, has been filed and is presumed to have been granted in accord with the law of the foreign country.
  • The child has qualified as a foreign orphan and is in the United States in accordance with applicable U.S. Immigration and Naturalization Service* regulations.
  • The child is either a permanent resident or a naturalized citizen of the United States.
  • The petitioners have the ability to care for, maintain, and educate the child.

[* As of March 1, 2003, the responsibility for providing immigration-related services was transferred from the U.S. Immigration and Naturalization Service to the U.S. Citizenship and Immigration Services, a bureau of the U.S. Department of Homeland Security. The statutes do not yet reflect this change.]

Application for a U.S. Birth Certificate
Citation: La. Rev. Stat. § 40:79(c)

The State Registrar will prepare a new birth certificate for a foreign-born person who is adopted outside the United States by adoptive parents who are State residents at the time of the adoption, or for a foreign-born person who is adopted in the State but who is not a U.S. citizen, or who is a naturalized U.S. citizen, when it receives:

  • A certified copy of the order or decree of adoption
  • A certified copy of the original foreign birth certificate, and, if the certificate is not in English, a certified verbatim translation of the certificate
  • If the certified copy of the original birth certificate of the adoptee and certified translation are not available, the State court may make findings on the date, place of birth, and parentage of the adoptee

The State Registrar will prepare a certificate in the new name of the adoptee and will seal and file the court findings and the order or decree of adoption. The certificate will show the true or probable country, island, or continent of birth.

The certificate will state that it is not evidence of U.S. citizenship for the child. However, the certificate may be evidence of U.S. citizenship if the State Registrar receives a certified copy of a certificate of naturalization.


Leave a Reply