father looking for son

[january]

What is the name of your state?
Louisiana, I found out recently that I fathered a child 14yr ago and it was given up for adoption. I was not aware of the pregnancy or the adoption. what rights do i have to fing my son.

 

[nextwife]

The child is four years from adulthood, and you are a legal stranger.

http://laws.adoption.com/statutes/louisiana-laws,5.html

Consent Laws
Who Must Consent to an Adoption
Statute: Ch. Code Art. 1193

* The mother
* The father or alleged father, if he has established parental rights
* The biological father whose paternity has been established
* The custodial agency who has placed the child for adoption


Age When Consent of Adoptee is Considered or Required
Statute:

Not addressed in statutes reviewed
When Parental Consent is not Needed

Statute: Ch. Code Art. 1245

* In an intrafamily adoption, the consent of a parent may be dispensed with when the parent with custody is married to the petitioner and the other parent has failed to support, visit, or communicate with the child without just cause for at least 6 months.

When Consent Can Be Executed
Statute: Ch. Code Art. 1122(b)(1); 1130; 1195

* The act of surrender by the mother shall not be executed prior to the 5th day after the child's birth.
* A father may execute act of surrender prior to or any time after the child's birth.

How Consent Must Be Executed
Statute: Ch. Code Art. 1121; 1122

* Consent must be executed before a notary and two witnesses.
* Prior to this, the parent must undergo at least two counseling sessions, consult with an attorney, and be informed about the Voluntary Registration Law.
* In a private adoption, the parent must be represented by his or her own attorney at the time of the execution of consent.

* Any parent may give consent in open court, provided:

o The parent appears in person.
o The court informs the parent of the consequences of his or her consent.
o The parent voluntarily consents to the adoption.

Revocation of Consent
Statute: Ch. Code Art. 1123; 1130; 1147

* Consent is irrevocable upon execution.
* The father's consent is irrevocable upon execution; if it was given prior to 5 days after the child's birth, it is not irrevocable until the 5th day after the child's birth.
* An alleged or adjudicated father's consent is irrevocable upon execution.
* No act of surrender shall be subject to annulment except on proof of fraud or duress.



Putative Fathers
Does State have a Putative Father Registry:

Registry/Paternity Requirements to Receive Notice
Statute: R.S. § 9:400; Ch. C. art. 1133 and 1137(A)

* The putative father may file before or after the child's birth.
* Registration requires a completed Department of Health and Hospitals, Office of Preventive and Public Health Services, form.
* Notice of the filing of the mother's surrender of the child is given to the putative father.
* The putative father may oppose an adoption by filing a declaration of intention, which must be filed within 15 days after service of notice of surrender, or from the time he was served with notice of adoption, if no surrender was filed or executed.

Information Contained in Registry/Claim

Statute: R.S. § 9:400 (A)(3)

* Names and addresses of any person:

o Who was adjudicated by the court to be the father
o Who filed with the registry a declaration to claim paternity
o Who filed with the registry an acknowledgment by authentic act
o Who filed with the registry a legitimation by authentic act
o Who filed with the registry a judgment of filiation rendered by a court

Revocation of Claim to Paternity
Statute:

Not addressed in statutes reviewed
Access to Information Maintained in Registry
Statute: R.S. § 9:400

* Any court
* An authorized agency
* Any person upon order of court for good cause shown