Rule Text
A. A copy of the petition for an agency adoption together with all exhibits shall be served by registered or certified mail, return receipt requested, postage prepaid, or by commercial courier as defined in R.S. 13:3204(D), when the person to be served is located outside of this state, and properly addressed to the department and on any agency having legal custody of the child. Two copies of the same petition need not be served on the department.
B. Except when waived, notice of the filing of the petition shall be served on any parent whose parental rights have not been terminated by a court of competent jurisdiction.
C. If the adoption petition names an alleged or adjudicated father and his parental rights have not been terminated by a court of competent jurisdiction, he shall be served with notice of the filing of the petition in accordance with Articles 1133, 1134, and 1136 and thereafter, his rights shall be determined in accordance with the provisions of Articles 1137 through 1143.
Amendment history: Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 395, §7.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When someone files a petition for an agency adoption, certain people and organizations must be officially notified. If the person who needs to be notified lives outside Louisiana, the petition and all supporting papers must be sent by registered or certified mail with a return receipt, or through an approved commercial courier service. This notification must go to the state department handling child welfare and to any agency that has legal custody of the child. If both the department and the custody agency are the same, only one copy needs to be sent.
Any parent whose parental rights haven't already been legally ended by a court must be told about the adoption petition, unless that notice is officially waived. This gives parents a chance to know what's happening and respond if they choose to.
If the petition names a father, whether he's an alleged father or one who has been legally confirmed through a court process, and his parental rights haven't been terminated, he must also be formally notified following specific legal procedures. Once he's been notified, the case moves forward according to a separate set of rules that spell out how his rights and involvement in the adoption will be decided.
