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      CHC 1157     


Art. 1157.  Reclaiming of parental rights by the relinquishing parent; hearing

A.  A relinquishing parent may reclaim parental rights by proving by clear and convincing evidence that:

(1)  He is the parent of the child.

(2)  Setting aside the relinquishment and permitting the parent to reclaim the child is in the child's best interests.

B.  If the court finds that the relinquishment should be set aside and that the parent may reclaim his parental rights, then the parent shall prove also that he has manifested a substantial commitment to his parental responsibilities and that he is a fit parent of the child.

C.  The child, the other parent, and the legal custodian may offer rebuttal evidence limited to the issues enumerated in Paragraphs A and B of this Article.

D.  If the court finds that the parent has established his parental rights, the court shall declare that no adoption may be granted without his consent.  The court may also order the parent to reimburse the department, or whoever has assumed liability for such costs, all or part of the medical expenses incurred for the infant in connection with his birth and care.

E.  If the court finds that the parent has failed to establish his parental rights, it shall declare that his rights are terminated.

Acts 2003, No. 609, §2.

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