Art. 1130.1.  Authority of the court to determine parental capacity

A.  If parental capacity is questioned by the counselor providing pre-surrender counseling as provided in Article 1120(C), a surrender may not be executed unless authorized by the court pursuant to one of the following:

(1)  Review of further evaluative information as recommended in Article 1120(C) and a finding that such evaluation provides sufficient support of the parent's ability to understand the nature and consequences of the act of surrender.

(2)  After a hearing and consideration of all available information and the questioning of the parent, the court finds that the parent sufficiently understands the nature and consequences of the act of surrender.

B.  The court's findings shall be made in writing and the surrender shall be executed only upon order by the court.

Acts 2003, No. 567, §1.