Rule Text
A. Except as otherwise provided herein, any parent may execute an authentic act consenting to the adoption of his child in an intrafamily adoption, including a waiver of service or notice for any subsequent proceeding.
B. If the parent of a child born of marriage is married to the stepparent petitioner and executes an authentic act of consent, he need not join in the petition nor be served with a copy thereof.
C. The parent of a child born outside of marriage who is married to the petitioning spouse shall join in the petition.
D. Repealed by Acts 1999, No. 1062, §5, eff. Jan. 1, 2000.
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 1997, No. 256, §1; Acts 1999, No. 1062, §§4, 5, eff. Jan. 1, 2000; Acts 2004, No. 26, §3; Acts 2010, No. 738, §1.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If a parent wants their child to be adopted by a new stepparent, they can sign a formal legal document giving their consent. This document is called an "authentic act." By signing it, the parent can also give up their right to be notified about later steps in the adoption case.
If the child was born while the parents were married, and one parent is now married to the stepparent who wants to adopt, that parent only needs to sign the consent form. They don't have to sign the actual adoption petition or be formally served with legal papers about the case.
If the child was born when the parents were not married, the situation is different. In that case, the parent who is now married to the stepparent must join in filing the adoption petition. They can't just sign a simple consent form. They have to be an active part of the legal request to the court.
One part of this rule, section D, no longer applies. Lawmakers removed it back in 2000.
