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      CHC 1137     


Art. 1137.  Notice of opposition to adoption by alleged or adjudicated father; time limitations; appointment of counsel for the child; scheduling of hearing; paternity testing

A.  An alleged or adjudicated father or his representative, if applicable, may oppose the adoption of his child by filing a clear and written declaration of intention to oppose the adoption.  The notice of opposition shall be filed with the court indicated in the notice of filing of surrender within fifteen days after the time he was served with the notice of surrender, or from the time he was served with notice of the filing of an adoption petition in the event that no surrender was executed or filed.

B.  Upon receipt of the notice of opposition, the court shall appoint an attorney to represent the child, subject to the limitations set out in Article 1121.  Neither the child nor anyone purporting to act on his behalf may be permitted to waive this right.  The costs of the child's representation shall be taxed as costs of court.

C.  The court shall set the opposition for contradictory hearing, which hearing shall be held within twenty days of the filing of the opposition.

D.  Notice of the hearing shall be served in accordance with Articles 1133 and 1134 on the opposing father, the legal custodian, counsel appointed for the child, and the mother of the child through the agency to whom the child was placed or through the attorney who represented the mother in a private surrender unless otherwise waived in the Act of Surrender executed pursuant to Article 1122.

E.  If paternity is at issue, on its own motion or motion of any party, the court shall issue an order for immediate blood or tissue sampling in accordance with the provisions of R.S. 9:396 et seq. and shall order an expedited report.  The hearing resolving this issue shall be held at the earliest time that the results of the testing can be reported to the court.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 797, §1; Acts 1999, No. 720, §1; Acts 2001, No. 567, §1; Acts 2001, No. 910, §1; Acts 2008, No. 583, §1.

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