Art. 1108 Authority to surrender

Here's a plain English summary of this rule:

A parent can legally give up their child for adoption by signing a formal document called an act of surrender. Before doing this, the parent must meet certain requirements about their ability to make this decision, which are explained elsewhere in the law (Chapter 4).

If both parents have died or cannot be found, someone else can step in to handle this process. This person is called a tutor, which is basically a legal guardian appointed to look after the child's interests. The tutor has the authority to sign the surrender paperwork on behalf of the child when the parents are not available to do it themselves.

This rule matters because it makes clear who has the legal right to give up a child for adoption. It protects children by making sure this important decision is only made by a parent or a properly appointed guardian, not just anyone claiming to act on the child's behalf.