Art. 1139 Order maintaining opposition; effect on other surrendering parent; service

If a parent objects to an adoption and the court agrees that the adoption cannot move forward without that parent's consent, this affects the other parent too. If the other parent had already signed papers giving up their parental rights (a "surrender"), that surrender is automatically canceled. This means both parents are back in the picture, and the case returns to being about custody rather than adoption.

If there's a fight over who should have custody of the child, the court will deal with that right away, following the standard legal rules for custody decisions. Importantly, the fact that a parent signed away their rights earlier (even though that's now canceled) cannot be used against them to prove they're unfit as a parent. The court understands that signing a surrender doesn't mean someone is a bad parent, especially when that surrender never actually took effect.

Finally, the parent who signed the surrender must be formally notified about this court order. This notification has to follow the same rules used for delivering legal documents in other civil court cases, ensuring the parent officially knows what has happened to their case.