CHC 1142 - Order declaring parental rights terminated; motion; certificates - Louisiana Statutes

Art. 1142. Order declaring parental rights terminated; motion; certificates

A. If no opposition is timely received by the court, the court shall, upon motion, render an order declaring the rights of the parents terminated.

B. The motion shall be accompanied by a certified copy of the child's birth certificate, a certificate from the putative father registry indicating whether any act of acknowledgment by authentic act has been recorded, and a certificate from the clerk of court in and for the parish in which the child was born indicating whether any acknowledgment by authentic act, legitimation by authentic act, or judgment of filiation has been recorded relative to this child.

C. If the clerk reports that a legitimation by authentic act has been duly recorded by a father, the court shall deny the motion unless the father's parental rights have been terminated in accordance with Title X or the father has executed a surrender in accordance with this Title or has given his consent to the adoption in accordance with Article 1195.

D. If any of these certificates identify an alleged or adjudicated father who has not previously been served with notice of the mother's act of surrender, the alleged or adjudicated father shall be served with a copy of the motion to terminate his parental rights and given an opportunity to be heard in accordance with Articles 1132 through 1141 unless any of the following occur:

(1) The alleged or adjudicated father's parental rights have been terminated by a judgment in accordance with Title X.

(2) The alleged or adjudicated father has executed an act of surrender in accordance with this Title.

(3) The alleged or adjudicated father has consented to the child's adoption in accordance with Article 1195.

(4) The alleged or adjudicated father has executed a release of claims in accordance with Article 1196.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000.