La. Ch.C. art. 1247, which references La. Ch.C. arts. 1133, 1134, 1136–1143, sets forth the requirements for service on parents and includes specific text that must be included in the notice. Only if the noticed person files an answer in opposition of the adoption will that person have an opportunity to oppose the adoption in court.1 Note that different notices should be provided to an alleged father (where there is no formal acknowledgment, legitimation, filiation order, or presumption of paternity) versus an adjudicated legitimate father.2
Read carefully and comply with the provisions of Article 1247 to the letter. Even if one parent has signed an Act of Consent to Adoption, the other parent must be served with a Notice of the Filing of Petition of Adoption along with a copy of that petition, unless service has been waived.3 All Social Security Numbers contained within the petition or its exhibits should be redacted from copies sent to the person(s) served with notice.4
La. Ch.C. arts. 1248–1249 provide specific methods and time frames for service on resident and nonresident parents. The attorney for the adoptive parent must serve, either personally or domiciliary, on a resident parent no later than 30 days prior to the hearing on the adoption petition.5 Service on a nonresident parent must be by registered mail return receipt requested, postage prepaid, or by commercial carrier as defined in R.S. 13:3204(D), at the address listed in the petition, not less than 30 days prior to the hearing on the adoption petition.6
La. Ch.C. art. 1250 provides for the appointment of a curator ad hoc upon whom service shall be made if service cannot be made on the parent under Articles 1248 or 1249.7
- 1La. Ch.C. art. 1247(A).
- 2La. Ch.C. art. 1247(B).
- 3La. Ch.C. art. 1247(A).
- 4See La. Ch.C. art. 1248(B), 1249(B). Although the Children’s Code only permits but does not require redaction of social security numbers, it is nevertheless a good practice that attorneys should follow.
- 5La. Ch.C. art. 1248(A).
- 6La. C.C. art. 1249(A).
- 7See also La. Ch.C. art. 1251 (identifying the curator’s duties). For further discussion of curator proceedings in the divorce context, see Section 3.9.2.