CHAPTER 6. COUNSELING REQUIREMENTS

Art. 1120. Pre-surrender counseling; affidavit

A. Prior to the execution of any surrender, a surrendering parent shall participate in a minimum of two counseling sessions relative to the surrender with a licensed social worker, licensed psychologist, medical psychologist, licensed psychiatrist, licensed counselor, or a counselor employed by a licensed child-placing agency.

B. The counselor shall execute an affidavit attesting that the surrendering parent attended a minimum of two sessions, and stating whether the surrendering parent appeared to understand the nature and consequences of his intended act. The affidavit of the counselor shall be attached to the act of surrender.

C. If, in the opinion of the counselor, there is any question concerning the parent's mental capacity to surrender, the basis for these concerns shall be stated in the affidavit. If indicated, the affidavit shall contain a specific recommendation for any further evaluation that may be needed to ascertain the parent's capacity.

D. If he is a major, any surrendering father of a child may waive the counseling otherwise mandated by Paragraph A of this Article. In this case, the attorney or counselor shall execute an affidavit attesting to the father's waiver and that he appeared to understand the nature and consequences of his intended act. The affidavit of the counselor or attorney shall be attached to the act of surrender.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2003, No. 567, §1; Acts 2009, No. 251, §13.