Comment by Deborah Pearce Reggio
Adoption, though far from being a new legal phenomenon, has recently taken on a new legal significance in Louisiana. Centuries ago, adoption served one main goal-perpetuation of the family. Roman citizens, by the simple act of mancipatio, transferred a child from one family to the next to ensure the continued viability of family lines. But as surrender and adoption evolved, a new purpose emerged to displace that of Roman times. Society began to focus on the best interests of the child rather than on perpetuation of the family, and adoption became a means for placing a child into a more secure and stable family unit.
A change in the laws accompanied this change of focus. To ensure that the adoption served the child's best interests, the fitness of the prospective adoptive parents had to be investigated. The adoptive parents, in turn, wanted reassurance that the child was in fact available for adoption. Because availability required the natural parents to surrender the child and consent to the adoption, it became imperative that these parents understand fully the long-term ramifications of their actions.
Modern surrender and adoption laws have strived to satisfy the needs of all parties involved-the natural parents, the adoptive parents, and the child. In 1991, Louisiana took its most recent step toward that purpose by enacting the new Children's Code. This Code, effective January 1, 1992, reaches a multitude of areas, from a (adoption) to y (youth services). Titles 11 and 12 govern voluntary surrender of parental rights and adoption, respectively.
To appreciate the growth that these two areas have undergone, we must first examine their infancy. Accordingly, this Comment will begin with a brief account of the history of voluntary surrender and adoption, followed by an analysis of the problems inherent in the law prior to 1992. This vantage will provide the reader with a more accurate picture of the 1992 Children's Code, replete with both its positive and negative aspects. Finally, the Comment will focus on the questions left unresolved by recent legislation in the areas of voluntary surrender and adoption.
About the Author
Deborah Pearce Reggio.
Citation
67 Tul. L. Rev. 1631 (1993)