Failure to file timely objection to adoption; termination of parental rights

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A. To preserve his right to oppose a subsequent adoption, the alleged or adjudicated father shall file an objection, in accordance with Article 1107.8, within fifteen days of service of the notice of intent to surrender for adoption, or, if the child has not yet been born, within five days of the birth of the child, whichever is earlier.

B. If the father fails to file a timely objection, he shall be deemed to have waived notice of the filing and service of any pleading in any subsequent surrender or adoption proceeding and to have no cause of action to challenge the child's adoption.

C. The court shall, upon motion, render an order terminating the parental rights of both parents if:

(1) A motion for hearing to determine the father's rights or a surrender by the mother is filed within ninety days of the filing of the intent to surrender.

(2) The surrender is filed in court in accordance with Article 1131.

(3) In accordance with Article 1131(C), the court finds that the surrender meets the requirements of this Title.

Acts 2003, No. 564, §1.


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