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      CHC 1130     

  

CHAPTER 10.  SURRENDER PROCEDURE IN GENERAL

Art. 1130.  Time limitations

A.  No Act of Surrender for private adoption by a mother shall be executed earlier than five days following the birth of the child.

B.  A father may execute an Act of Surrender prior to the birth of the child or at any time after the birth.  However, any surrender executed by a father for private adoption earlier than the fifth day following the birth of the child shall not be irrevocable until the fifth day following the birth of the child.

C.  In making these time calculations, the date of birth shall not be included, and the days shall be consecutive calendar days, including weekends and holidays.

D.  An alleged or adjudicated father may execute an act of surrender prior to the birth of the child or at any time after the birth.  His surrender shall be irrevocable upon execution.

E.  No Act of Surrender by a birth mother or father as defined in Children's Code Article 1193 for agency adoption shall be executed earlier than three days following the birth of the child.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2008, No. 584, §1.



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