9.11 Caselaw

In re R.E.1  – Sets out the notice requirements for natural fathers consistent with due process; discusses the burden of proof on natural fathers to affirmatively show efforts to preserve his opportunity to establish his parental rights; confirms that state must prove by clear and convincing evidence its allegations if seeking to terminate parental rights.

In re Miller2  – Statutory presumption that stepparent adoption in the best interest of the child did not apply where natural father had joint custody.

In re Bordelon3  – Adoption of child over incarcerated mother’s objections.

Leger v. Coccaro4  – Court held that adoption by stepfather was not in the child’s best interest. This appears to be a “bad” case where the appellate court engages in speculation about the mother’s current marriage and problems that may arise in that marriage. The appellate court noted the father’s failure to provide financially for the child, and curiously, seemed to be influenced more by the concern shown by the paternal relatives as opposed to the interest exhibited by the father.

Anderson v. Ramer5  – Concluded that father had failed to provide “significant” child support insofar as he was in arrears for about $10,000, exclusive of interest, at the time the adoption petition was filed.

Myers v. Myrick6  – La. Ch.C. art. 1245 allows adoption without a parent’s consent in certain circumstances where the parent has “refused or failed to visit, communicate, or attempt to communicate with the child.” Although Hayes v. Mangham had held that compliance with support obligations must be “significant” in order to render La. Ch.C. art. 1245 inapplicable,7 the Second Circuit declined to extend that reasoning to visits and communication.

German v. Galley8  – Concluded that father’s payment of 21% of the child support owed in previous year was significant enough to prevent application of statute allowing for adoption of child without parental consent.

In re G.E.T.9  – Grandparents sought to adopt. Court found that the grandparents failed to prove that natural parents presented a risk of physical or psychological harm to the child and failed to meet their burden of proving the adoption was in the best interest of the child.

Tutorship of Shea10  – Grandparent adoption permitted where grandparents were awarded the sole custody of the child in tutorship proceedings, and father’s consent not needed as he failed to provide significant support for 1 year.

W.P.H. for Adoption of A.A.B.11  – Due to severity of terminating the parent-child relationship, intrafamily adoption statutes are strictly construed in favor of the biological parent and against the stepparent seeking to adopt.  

• 194-CK-2657, 94-CK-2596, 94-CK-2663 (La. 11/9/94), 645 So. 2d 205.
• 295 CA 1051, 95 CA 1052 (La. App. 1 Cir. 12/15/95), 665 So. 2d 774.
• 395-1194 (La. App. 3 Cir. 3/6/96), 670 So. 2d 67.
• 498-202 (La. App. 3 Cir. 4/29/98), 714 So. 2d. 770.
• 527,469 (La. App. 2 Cir. 9/27/95), 661 So. 2d 584.
• 634,970 (La. App. 2 Cir. 5/17/01), 787 So. 2d 546.
• 7375 So. 2d 103 (La. 1979).
• 898-197 (La. App. 3 Cir. 7/17/98), 712 So. 2d 1034.
• 9529 So. 2d 524 (La. App. 1 Cir. 1988).
• 10619 So. 2d 1236 (La. App. 3 Cir. 1993).
• 112022-141 (La. App. 3 Cir. 10/12/22), 349 So. 3d 1120.