Louisiana Adoption Court Cases

Louisiana Court Case: Allen v. Volunteers of America
Plaintiff does not claim that any pressure, duress or undue influence was exerted by the agency or its representatives. She claims that her consent was vitiated because during the last 41/2 months of her pregnancy, her father told her that she had embarrassed her family, that she had excited her mother's ulcers and his blood pressure, that if she attempted to live with her grandmother he would force a sale of the grandmother's farm, and that he would not allow her to resume living at home unless she surrendered the child for adoption...


Louisiana Court Case: Compos v. McKeithen
Plaintiff Edmond Norman, a Negro, and his wife Gerda, a Caucasian, both over the age of 21, applied in February 1970 to the Methodist Home Hospital, Inc., an adoption agency licensed by the State of Louisiana, seeking to adopt a child. The Normans were informed by letter in April 1970 that, because they were of different races, they were ineligible as potential adoptive parents under LSA-R.S. 9:422 and the agency refused to consider their application further. Other good faith inquiries about adopting a child in Louisiana have been similarly refused...


Louisiana Court Case: Succession of Caldwell
His nearest of kin were eight nephews and nieces of the half blood, all residents of other states of the Union. One of the nieces, Mrs. Susan B. Samuels, of the state of Massachusetts, arrived in New Orleans a few days after the death of the deceased, applied to be appointed administratrix of the succession, alleging that she was sole forced heir of the deceased, that the succession owed debts, and that an administration was necessary. On November 17, 1903, the court ordered that Mrs. Samuels be appointed administratrix, and that letters of administration issue to her on her complying with the legal requisites...


Louisiana Court Case: Brand v. Mornhinveg
ROGERS, J. This is a contest arising in the succession of Conrad Brand and Olympe V. Mornhinveg, his wife. On November 6, 1895, John A. Drummond on the one hand, and Conrad Brand and Olympe V. Mornhinveg, his wife, on the other hand, appeared before a notary public of the parish of St. Landry and executed what purports to be an act of adoption of the minor, Margaret Frances Drummond, issue of the marriage of John A. Drummond and Susan Alice Elizabeth Morris. Attached to the notarial...


Louisiana Court Case: Owles v. Jackson
On January 10, 1918, the plaintiff, Percy J. Owles, and his wife, who died December 3, 1937, appeared before a notary public and two witnesses and signed an act in which they declared that they "have adopted and do hereby formally adopt as their own child, Willie Jackson, who is now 9 years of age, and in the possession and under absolute control of the Louisiana Children's Home Society, a corporation domiciled at Jennings", Louisiana. The act was signed also by E. B. Dillard, superintendent of the Children's Home Society...


Louisiana Court Case: Green v. Paul
The petitioners alleged that they have had custody of the child for the last 14 months by and with the consent of the surviving parent, Charles S. Paul; that they love the child as their own; that they are well able to take care of her and that they desire to adopt her. They further alleged that the child's father has given his consent to the proposed adoption in writing and they attached to the petition a notarial declaration by Paul, wherein he waived citation and accepted service of the petition, concurred in its prayer and expressly consented to the adoption of his child...


Louisiana Court Case: Terry v. Nugent
The facts of the case are not disputed. The child, Allen Reed, was born in Shreveport on May 27, 1945. He is the illegitimate son of one Sarah Jane Reed who was a minor eighteen years old at the time of his birth. Shortly thereafter, Miss Reed requested the Caddo Parish Department of Public Welfare to care for the child through a boarding arrangement and, on June 5, 1945, she signed an agreement obliging herself to pay $ 5 per month towards the upkeep of the child, who was placed in the Hephzibah Rescue Home...


Louisiana Court Case: In re Byrd
This is an appeal from a judgment of a juvenile court denying an interlocutory decree of adoption. Rita Lacoste, an unmarried mother, gave her consent, in a notarial act, to Cecil Guy Byrd and his wife to adopt her infant child, Mary Lee Lacoste. Byrd and his wife, the plaintiffs herein instituted proceedings in the Juvenile Court for the Parish of Terrebonne on September 25, 1946 and secured a judgment granting an interlocutory decree of adoption. Thereafter the plaintiffs moved from the Parish of Terrebonne and are now residing in Caddo Parish. The plaintiffs filed a petition in the Juvenile Court...


Louisiana Court Case: In re Ryals
This is an appeal from a final decree of adoption granting the petition of Neal B. Ryals and Mrs. Beedie Wells Ryals for the adoption of the minor child James Nathan Wells. The appeal is by Jerry Don Wells, brother of the minor, whose opposition to the adoption was dismissed. James Nathan Wells, the son of Jesse Wells and Mrs. Ruby Wells, was born on April 21, 1951, a little over four months after the death of his father. He lived with his mother and his brother, Jerry Don Wells, near Rosepine...


Louisiana Court Case: Golz v. Children's Bureau
Petitioners, William Jonathan Golz and Pamela Marie Fortier Golz, are married and residents of Lafayette. On December 9, 1974, when Mrs. Golz was seven months pregnant, she came to New Orleans with the knowledge of her husband in order to arrange for the delivery of the baby at the New Orleans Charity Hospital and to initiate placement of the child for adoption. While in New Orleans, Mrs. Golz contacted the Children's Bureau of New Orleans, Inc., a state-licensed adoption agency. Mrs. Frances...


Louisiana Court Case: In re J.M.P.
The court of appeal affirmed. We affirm as to the validity of the act of surrender but vacate the lower courts' judgments and remand for a new hearing on whether the adoption is in the best interest of the child. The refusal of the adult natural mother's family to assist her in rearing the child was not unlawful duress of the nature that warrants vitiation of her consent or the surrender for adoption. At the time of the act of surrender, only reasonably effective representation, rather than completely independent counsel, was required; in the absence of a showing that the natural mother's attorney induced her to commit error that influenced her consent, vitiation...


Louisiana Court Case: Adoption of B.G.S.
Mrs. S. and R.S. informed R.S.'s doctor that they intended to surrender the baby for adoption. The doctor informed one of her infertile patients, who was interested in an adoption, that R.S.'s baby might be available. The infertile patient employed an attorney to petition for a private adoption. Meanwhile, V.L. also consulted a lawyer, who informed him that he must have his name placed on the baby's birth certificate in order to prevent the adoption...

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