Louisiana Children’s Code 1157 – Reclaiming of parental rights by the relinquishing parent; hearing
Terms Used In Louisiana Children's Code 1157
- Child: means a person under eighteen years of age and not emancipated by marriage. See Louisiana Children's Code 1103
- Department: means the Department of Children and Family Services. See Louisiana Children's Code 1150
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Infant: means a child not previously subjected to abuse or neglect, who is not more than sixty days old as determined within a reasonable degree of medical certainty by an examining physician. See Louisiana Children's Code 1150
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.