How Do I Relinquish Paternity in Louisiana?
Full Question:
Answer:
Biological fathers might choose to give up (relinquish) parental rights for a number of reasons. For example, if a couple decides to place a baby for adoption, a court will first need to terminate the parental rights of both biological parents before an adoption can be finalized. If a woman remarries and wants her husband to adopt her child, the biological father might chose to relinquish his parental rights. Some fathers choose not to be active in a parental role. By giving up parental rights, they can be relieved of the duty of child support for the children. However, a court will not grant a relinquishment when it is solely to avoid child support obligations. In some cases, a father might continue to be held responsible for financially supporting his biological child even after he gives up his paternal rights. For example, if the mother must seek governmental assistance in order to support the child, a judge has the authority to terminate parental rights, but can still require the father to pay child support until the child reaches adulthood. This results in the father still being financially responsible for the child without having any visitation rights or say in how the child is raised.
Please see the following:
http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch
Please see the following LA statutes:
Art. 193. Contestation and establishment of paternity; time period
The action by the mother shall be instituted within a peremptive period
of one hundred eighty days from the marriage to her present husband and
also within two years from the day of the birth of the child, except as
may otherwise be provided by law.
9:392.1. Acknowledgment; obligation to support; visitation
In child support, custody, and visitation cases, the acknowledgment of
paternity by authentic act is deemed to be a legal finding of paternity
and is sufficient to establish an obligation to support the child and to
establish visitation without the necessity of obtaining a judgment of
paternity.
9:400. Putative father registry
A. The Department of Health and Hospitals, office of preventive and
public health services, shall establish a putative father registry which
shall record the names and addresses of the following:
(1) Any person adjudicated by a court of this state to be the father of
the child.[fn1]
(2) Repealed by Acts 2006, No. 344, § 7, eff. June 13, 2006.
(3) Any person adjudicated by a court of another state or territory of
the United States to be the father of an out of wedlock child, where a
certified copy of the court order has been filed with the registry by
such person or any other person.
(4) Any person who has filed with the registry an acknowledgment by
authentic act.
(5) Repealed by Acts 2004, No. 26, § 15.
(6) Any person who has filed with the registry a judgment of filiation
rendered by a court which recognizes a father as having, either formally
or informally, acknowledged a child born outside of marriage and in which
the father is adjudged the parent of the child.
B. A person filing a declaration to claim paternity of a child or an
acknowledgement of paternity shall include therein his current address
and shall notify the registry of any change of address pursuant to
procedures prescribed by rules and regulations of the Department of Health
and Hospitals, office of preventive and public health services.
C. A declaration to claim paternity of a child may be introduced in
evidence by any party, other than the person who filed such notice, in
any proceeding in which such fact may be relevant.
D. The Department of Health and Hospitals, office of preventive and
public health services, shall, upon request, provide the names and
addresses of persons listed with the registry to any court or authorized
agency, and such information shall not be divulged to any other person,
except upon order of a court for good cause shown.
E. The Department of Health and Hospitals, office of preventive and
public health services, shall promulgate all rules and regulations
necessary to carry out the purposes of this Part.
[fn1] In par. (A)(1), language is as it appears in enrolled bill
(Acts 1989, No. 361).