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      CHC 1132     


Art. 1132.  Notice of filing of surrender; form

A.  If a mother of a child born outside of marriage has executed a surrender and identifies the child's alleged or adjudicated father, the agency or individual to whom the child was surrendered shall exercise due diligence in attempting to locate him and to offer pre-surrender counseling in accordance with Article 1120.

B.  Upon approval of the mother's surrender by the court, notice of the filing of the mother's surrender shall be served upon the alleged or adjudicated father unless any of the following apply:

(1)  His potential parental rights have been terminated by a judgment in accordance with Title X of this Code.

(2)  He has executed a surrender in accordance with this Title.

(3)  He has given his consent in open court in accordance with Article 1195.

(4)  He has executed a release of claims in accordance with Article 1196.

C.  If the alleged or adjudicated father is a minor, his parents or tutor shall be served if required by Article 1113.

D.  The notice of the surrender shall be issued by the clerk and shall contain the following information in substantially the following form:


Be advised that on the ___ day of ___, 20__, an authentic Act of Surrender executed by ______ was filed wherein she surrendered for adoption her minor child, namely _____, born on the ___ day of  _____, __, in the Parish of _____, State of ____.

The Act of Surrender alleges that you are the father of this child.  You may attempt to oppose the adoption of this child only by filing a written objection with this court within fifteen days after you receive this notice.

If you file a written objection timely, the court will then hold a hearing within twenty days of the filing of the opposition, to determine whether you have established or forfeited your parental rights.

To establish your parental rights to oppose the adoption, you must acknowledge that you are the father of the child or be found to be the father by court order as a result of blood tests.  Thereafter, you must also demonstrate to the court that you are a fit parent who is willing and able to assume the legal and physical care of your child.  You must also demonstrate that you have made a substantial commitment to your parental responsibilities by providing or attempting to provide substantial and consistent support for the mother during pregnancy or after the child's birth and by frequently and consistently visiting or attempting to visit the child after birth.

If you fail to file a written motion of opposition, or if, after a hearing on a motion timely filed, the court finds that you have failed to establish your parental right to oppose the adoption, the court will order the termination of any and all parental rights you may have and the child may be subject to adoption."

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2004, No. 26, §1.

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