Terminating Parental Rights

Yes, in Louisiana, a child generally cannot be adopted unless the biological parents’ legal rights have been terminated. This termination can occur either voluntarily or involuntarily

Voluntary Termination: A parent may choose to relinquish their parental rights by executing a formal Act of Surrender. This legal document permanently ends the parents’ rights and responsibilities toward the child, allowing the adoption process to proceed. 

Involuntary Termination: If a parent is unwilling or unable to relinquish their rights, the court may terminate those rights involuntarily. Grounds for involuntary termination include abandonment, abuse, neglect, or failure to comply with a court-ordered case plan. The court must find clear and convincing evidence that termination is in the child’s best interest.

Once parental rights are terminated, the child becomes legally free for adoption. The adoptive parent(s) do not need additional permission from the biological parents. 
Note: The court is always involved in the termination of parental rights, ensuring that the process adheres to legal standards and protects the child’s welfare.

In a stepparent adoption in Louisiana, the spouse of one of the child’s legal parents asks the court to become the child’s legal parent as well. This process gives the stepparent full parental rights. 

Here’s how it usually works: 

1. Consent or Termination of the Other Parent’s Rights 

   • If the child’s other legal parent is alive and has parental rights, their rights must be voluntarily surrendered or terminated by the court before the adoption can happen. 

   • If that parent consents, they can sign an Act of Surrender. 

   • If that parent does not consent, the court may hold a hearing to decide whether the rights should be involuntarily terminated. 

2. Filing the Adoption Petition 

   • The stepparent (and their spouse, the legal parent) files a petition for adoption in court. 

   • If the child is 12 or older, the child must also consent to the adoption (unless the court finds it’s not in their best interest to require it). 

3. Background Checks and Investigations

   • The court may waive home studies and certain background checks in stepparent adoptions, but some courts still require them, especially if the child’s other parent contests the adoption. 

4. Court Hearing

   • The judge will review the petition, any evidence about the child’s best interests, and whether the proper steps were followed (including consent or termination). 

   • If approved, the stepparent becomes the child’s legal parent with full rights, and the child’s birth certificate may be updated.

Yes, a parent can potentially stop an adoption in Louisiana by refusing to give up their parental rights—but only if their rights have not already been legally terminated and they still meet certain legal standards.

 If the Parent Still Has Legal Rights

• If a biological parent has not voluntarily surrendered their rights and the court hasn’t terminated them, their consent is required for most types of adoptions.
  This means the adoption usually cannot move forward unless the parent agrees or the court steps in to end their rights.

When Refusal May Not Stop the Adoption

A parent’s refusal doesn’t automatically block the adoption if:

• The court finds legal grounds to involuntarily terminate their rights (for example, due to abandonment, abuse, or failure to support the child).

• The parent has had no contact or support for a long time and is considered to have forfeited their rights.

• The parent is unavailable, unfit, or their identity is unknown—in these cases, the court may still proceed with termination and adoption.

Court Involvement

In every case where a parent refuses to surrender rights:

• The adopting party (like a stepparent) must file a petition to terminate parental rights.

• A court hearing will be held where the parent can object and present their side.

The court will only allow the adoption to proceed if it finds clear and convincing evidence that termination is legally justified and in the child’s best interest.

​​If both birth parents are unknown or unavailable in Louisiana, the court can still allow an adoption to move forward, but there are extra legal steps involved to protect everyone’s rights and ensure the adoption is valid.

If Birth Parents Are Unknown

• The person or agency trying to adopt must show the court they made a good-faith effort to identify and locate the parents.

• This might include:

  • Checking birth records or hospital documents

  • Searching public records or court files
    Publishing a notice in a local newspaper (called service by publication) to alert any unknown parent

• The court may appoint a curator ad hoc (an attorney) to represent the unknown parent’s interests.

If Birth Parents Are Unavailable

If the parents are known but cannot be found, are deceased, incarcerated, or otherwise unable to participate:

• The court will decide whether their rights should be terminated without their direct involvement, based on:

  • Proof of abandonment, lack of support, or other legal grounds

  • Whether termination is in the child’s best interest

• In some cases, DCFS may already have custody, and the child is considered “legally free” for adoption.

Yes, the court is always involved in terminating parental rights before an adoption can be finalized in Louisiana. Whether the termination is voluntary or involuntary, a judge must review and approve it to ensure the child’s rights and well-being are protected.

Even if a parent wants to give up their rights, the court must:

• Make sure the parent understands the decision is permanent

• Review the legal forms (like an Act of Surrender)

• Officially approve the termination in a court order

If the parent doesn’t agree, the adoption can only move forward if the court:

• Holds a hearing

• Finds that the parent is unfit or has abandoned the child

• Decides that ending the parents’ rights is in the child’s best interest

No adoption can be finalized without a judge’s order that ends the legal rights of the birth parents. This protects the child and makes sure the adoption is legal and permanent.

A CINC case is a type of court case in Louisiana where the state steps in to protect a child from abuse, neglect, or other serious harm. These cases are usually started by the Department of Children and Family Services (DCFS) when they believe a child is unsafe at home.

Domestic violence - whether the child is a direct victim or exposed to violence in the home - can lead DCFS to investigate and possibly open a CINC case. If the violence puts the child at risk of serious harm or shows the parent can’t protect the child, the court may remove the child and place them in foster care. 
For more information, see Understanding Child in Need of Care (CINC) Cases.

Yes, in Louisiana, domestic violence can serve as a basis for terminating parental rights under specific circumstances.

According to the Louisiana Children’s Code Article 1015, parental rights may be involuntarily terminated if a parent engages in: 

• Extreme abuse, cruel and inhuman treatment, or grossly negligent behavior toward the child, including acts such as: 

  • Murder 

  • Rape

  • Torture

  • Starvation

  • Felony resulting in serious bodily injury 

  • Chronic or life-threatening abuse or neglect resulting in severe physical or psychological harm. 

These laws cover serious forms of domestic violence that may be used as legal grounds to terminate a parent’s rights.

Yes. In Louisiana, a parent’s rights can be terminated even if the abuse or violence was not aimed directly at the child. What matters is whether the parent’s actions put the child in danger or show that the parent is unfit to care for the child. 

Under Louisiana Children’s Code Article 1015, termination may be based on:

• Crimes committed against another child or person, including:

  • Murder or attempted murder of the child’s other parent.

  • Abuse, cruelty, or neglect of another child in the household.

• Risk of harm: If a parent’s conduct, such as domestic violence against the other parent, creates a serious threat to the safety or well-being of the child, the court can consider this as grounds for termination.

• Failure to protect: If a parent knew the child was being abused or exposed to danger and did not act to stop it, their rights can also be terminated.

The court’s main concern is always the child’s safety and best interest, even if the harm wasn’t directly inflicted on them.

In Louisiana, the standard of proof required to terminate parental rights, whether due to abuse or involvement in a Child in Need of Care (CINC) case, is clear and convincing evidence. It is a high legal standard that means the facts presented must be highly and substantially more likely to be true than not.

In Louisiana, emancipation and termination of parental rights are two very different legal processes, even though both change the legal relationship between a parent and child. Here’s a breakdown:

Yes, in Louisiana, a minor can file for emancipation without terminating their parents’ rights. 

• Emancipation gives a minor certain adult rights and responsibilities (like signing contracts or living independently), but it does not end the legal parent-child relationship. 

• The parent may still have some obligations, such as paying child support, unless the court decides otherwise. 

By contrast, termination of parental rights is a separate legal process that completely and permanently ends the parent’s legal rights and responsibilities, usually in cases involving abuse, neglect, or abandonment.

Not always. In Louisiana, emancipation gives a minor some or all of the legal rights of an adult, but it doesn’t always mean the parents are completely off the hook.

If a minor is fully emancipated by a judge:

• The parents no longer have control over the child.

• The parents are not legally responsible for the child’s actions, debts, or decisions.

• The child can do things like live on their own, work, sign contracts, or get medical care without parental permission.

If a minor is partially emancipated (limited emancipation):

• The parents may still have some responsibilities, like providing financial support.

• The emancipation might only cover certain rights (like letting the child open a bank account or sign a lease).

What about child support?

In some cases, a court might still order a parent to pay child support—even after emancipation—especially if:

• The emancipation is limited or done through a written agreement (called an “authentic act”).

• The child still needs financial help.

Each emancipation case is different, and the court will specify what legal rights and responsibilities are changed.

No. In Louisiana, emancipation and child support are related but separate legal issues. A child can be legally emancipated and still be entitled to financial support in some situations. 

When does child support usually end?

• If the court grants full judicial emancipation, it may also end the child support obligation, but only if the court includes that in the order.

• If the child gets married, which counts as full emancipation, child support typically ends automatically. 

When child support might continue:

• If the emancipation is limited or done by an authentic act (a notarized agreement between the parent and child), the court may require support to continue.

• If the child is still in school or unable to support themselves, the court might not end support immediately.

• If the court doesn’t mention child support in the emancipation order, the obligation might remain in place until the child turns 18 (or 19 if still in high school and dependent).

Always check the court’s emancipation order to understand whether child support continues or ends.

No. In Louisiana, a child cannot directly file a request to terminate their parents’ rights. Only certain people or agencies, such as the Department of Children and Family Services (DCFS), a parent, or a prosecutor, can start that legal process. 

What If the Child Is Being Abused or Neglected?

If a child is unsafe, they should get help right away. They can:

• Report the abuse to a trusted adult, teacher, school counselor, or police officer

• Call the DCFS child abuse hotline: 1-855-4LA-KIDS (1-855-452-5437)

Once DCFS investigates, they can file a Child in Need of Care (CINC) case in court. If the situation meets strict legal requirements, the court can eventually terminate the parents’ rights to protect the child.

• If a child’s parents’ rights are terminated and the child is not adopted, the child might seek emancipation as a way to gain legal independence, especially if they are 16 or older and capable of self-support.

• However, termination of parental rights alone does not cause emancipation. A child still must petition the court separately to be emancipated.

• Similarly, if a minor is already emancipated, the state may still pursue termination of parental rights if the parent is dangerous or unfit.