Summary
Adult adoptees in Louisiana do not have access to their own original birth certificates, except by court order. An adult adoptee in Louisiana must demonstrate “compelling reasons” for a court to order release of an original birth certificate. In addition, a court may appoint a “curator ad hoc” (an attorney) to help in “satisfying the requirement that information shall be revealed only to the extent necessary to satisfy the compelling necessity shown.”
Louisiana maintains a voluntary adoption registry, which requires mutual consent as well one hour of counseling before an approved counselor will facilitate contact between parties.
Relevant Louisiana Law: Original Birth Certificate
Rev. Stat. § 40:73. Certified copy of the new record; sealing and confidentiality of the original birth record
A. Upon completion of the new record provided for in R.S. 40:72, the state registrar shall issue to the adopted person or to the adoptive parents a certified copy of the new record and shall place the original birth certificate and the copy of the judgment or the copy of the act of adoption in a sealed package and shall file the package in the archives of the vital records registry.
B. This sealed package shall be opened only upon the demand of the adopted person, or if deceased, by his or her descendants, or upon the demand of the adoptive parent, or the state registrar, or the recognized public or private social agency which was a party to the adoption, and then only by order of a Louisiana court of competent jurisdiction at the domicile of the vital records registry, which order shall issue only after a showing of compelling reasons. Information shall be revealed only to the extent necessary to satisfy such compelling necessity.
C. In satisfying the requirement that information shall be revealed only to the extent necessary to satisfy the compelling necessity shown, the court is further authorized to use the services of the curator ad hoc appointment pursuant to Article 5091.2 of the Louisiana Code of Civil Procedure.
D. All motions for records under this Section shall be in accordance with and subject to the provisions of Children’s Code Articles 1188 through 1192 and, if an adoption agency is involved, the agency shall be served with a copy of the motion as provided in Article 1313 of the Louisiana Code of Civil Procedure.
Art. 5091.2. Curator ad hoc in adoption cases
In complying with the provisions of the Louisiana Children’s Code Articles 1011, 1107, or 1190 and related statutes, the judge of the competent court is authorized to appoint an attorney who shall serve as curator ad hoc who will assist the court in complying with the statutory requirements for maintaining the confidentiality of termination, surrender, adoption, and related records and proceedings.
Leave a Reply