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Monday, April 18, 2011

Example of Adoption Laws: Louisana (updated!)

Louisiana Adoption Laws

Who May Access Information
Citation: Ch. Code Art. 1126; 1270
The voluntary adoption registry may be used by:
* The adoptee who is at least age 18
* The birth mother and birth father
* The parents or siblings of a deceased birth parent
* An adoptive parent of a minor or deceased adoptee
* The birth siblings who are age 18 or older

Nonidentifying information shall be provided to:
* The adoptive parents
* The adoptee who is age 18 or older
* The birth parents

Access to Nonidentifying Information
Citation: Ch. Code Art. 1126; 1127; 1127.1
The agency or person to whom a surrender is made shall have the duty to make a good faith effort to obtain the Statement of Family History required by Articles 1124 and 1125, to deliver it to prospective adoptive parents upon placement, and to make it available, upon request, to the adoptee at age 18
or older. If the Statement of Family History is subsequently transferred to another agency or person, the new custodian of the information assumes responsibility to the adoptee.
Any adoptee, or if still a minor, his or her legal representative, or a birth parent, may, upon written request, obtain nonidentifying medical or genetic information without the necessity of filing a motion for disclosure.
Upon such a request, the agency or person shall make a good faith effort to review and abstract nonidentifying genetic or medical information from all available records and sources that are similar in content to the Statement of Family History.
After adoptive placement of the child, the agency or person to whom a surrender is made shall have a continuing duty to maintain these records and supplement them if additional nonidentifying medical or genetic information is received about the adopted child or a birth parent. Upon such a request, the agency or person shall disclose such information. In fulfilling this continuing duty, the agency or person is authorized to contact the adoptee, adoptive parents, and birth parents to provide updated nonidentifying medical and genetic information or to facilitate the exchange of information between the parties.

Mutual Access to Identifying Information
Citation: Ch. Code Art. 1270
The Office of Community Services of the Department of Social Services shall maintain a voluntary registry for the matching of adoptees and birth parents or siblings, or both. The purpose of this registry shall be to facilitate voluntary contact between the adoptee and the birth parents or siblings, or
both.
The use of the registry shall be limited to the adoptee who is at least age 18, the birth mother, the birth father, parents or siblings of a deceased birth parent, an adoptive parent of a minor or deceased adoptee, and any birth sibling who is at least age 18. No registration by an adoptee shall be
permitted until all birth siblings who were adopted by the same adoptive parents have reached age 18.
The registry shall not release any information from adoption records in violation of the privacy or confidentiality rights of a birth parent who has not authorized the release of any information.
The registry shall confirm for an adoptee the fact of his or her adoption and identify the court in which the adoption was finalized and the agency, firm, or lawyer facilitating the adoption when that information is known by the department. To receive this information, the adoptee shall be age 18 or
older, submit the request in writing, and provide proof of identity.

Access to Original Birth Certificate
Citation: Rev. Stat. § 40:73
The original birth certificate is available:
* Upon court order to the adoptee or if deceased, the adoptee's descendants, or the adoptive parent
* To the agency that was a party to the adoption upon court order after a showing of compelling reasons

Where the Information Can Be Located
Louisiana Voluntary Adoption Registry
Contact:
Louisiana Adoption Registry
PO Box 3318
Baton Rouge, LA 70821
(504) 342-9922
(800) 259-2456

[I really hope we get unconditional access to our adoption records across the United States. Until then, we have more red tape and bureaucratic bull to navigate... ADOPTEES: Always request your non-identifying info and GET YOUR NAME ON A REGISTRY...  Trace]

Hello Everyone,
The day came today! Senator Danny Martiny filed SB155 which if passed will allow all Louisiana adoptee's to obtain their OBC. We need  support in the form of letter's from birthmother's and adoptee's supporting the bill. The letters will be given to the committee when we go before them. If
you need any assistance on what to put, contact me or Kenny Tucker and we will be happy to assist you in writing it. We want them to know that birthmothers were not promised confidentality from the children they surrended, only from the general public. Keep your letters short and to the point. Adoptee's, let them know how being adopted has affected your life. We need numbers! Now is
the time to become strong in numbers. Send your letters to the address below.
You can also read the proposed bill at:
http://www.legis. state.la. us/billdata/
streamdocument. asp?did=741855


Thank you to everyone for your support.
Brenda Frisard
315 S. David St
Gramercy, LA 70052

3 comments:

  1. Also important to know from childwelfare.gov:

    "In Kansas, Louisiana, Rhode Island, Texas, and Wyoming, an adoption decree terminates the right of the birth parent to inherit from the adopted child, but the adopted child may still inherit from the birth parent."

    ReplyDelete
  2. That looks like a clean access bill. Cool!

    ReplyDelete
  3. Also important to know from childwelfare.gov:

    "In Kansas, Louisiana, Rhode Island, Texas, and Wyoming, an adoption decree terminates the right of the birth parent to inherit from the adopted child, but the adopted child may still inherit from the birth parent."

    ReplyDelete

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