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La. Rev. Stat. § 9:422.1 (2026)

Repealed by Acts 1991, No. 235, §17, eff. January. 1, 1992.

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§422.1. Repealed by Acts 1991, No. 235, §17, eff. January. 1, 1992.

Notes of Decisions
Cited in 122 cases (1 in the last 5 years), 1962–2022 · leading case: Haynes v. Mangham, 375 So. 2d 103 (La. 1979).
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Haynes v. Mangham, 375 So. 2d 103 (La. 1979). · cites it 10× “*104 The adoption was granted under R.S. 9:422.1 which permits adoption without the consent of a legitimate parent when the spouse of the parent granted custody is seeking the adoption and the legitimate parent has refused or failed to comply with a court order of support for a…”
Kirby v. Albert Tj, 517 So. 2d 974 (La. Ct. App. 1987). · cites it 15× “R.S. 9:422.1 which reads: "If the spouse of the petitioner is the legitimate parent of the child or if the petitioner is the grandparent or grandparents of the child, then the consent of the other legitimate parent is not necessary when the spouse of the petitioner, or the…”
Adoption of Latiolais, 384 So. 2d 377 (La. 1980). · cites it 4× “R.S. 9:422.1 does not set the criteria to be used in determining whether or not an adoption shall be granted.”
Wyatt v. Dep't of Pub. Welfare, 442 So. 2d 1369 (La. Ct. App. 1983). · cites it 8× “Webb has forfeited his paternal rights by his failure to support his child for a period of one year under the provisions of LSA, R.S. 9:422.1. On the contrary, the evidence demonstrates that he supported his daughter as ordered by the Court of Domestic Relations, Jefferson…”
In re Glass Applying for Adoption, 424 So. 2d 383 (La. Ct. App. 1982). · cites it 6× “The exceptions to this fundamental rule are provided by LSA-R.S. 9:422.1. This statute stipulates that the consent of the non-custodial parent is not essential where the petitioner is a step-parent married to the custodial spouse, and one of the following conditions is met: "(1)…”
In re Kennedy, 357 So. 2d 905 (La. Ct. App. 1978). · cites it 6× “On appeal the legitimate father specifies the trial court erred: (1) in holding that appellant was a nonresident of this state; (2) in holding that appellant failed to support his child for a period of one year; and (3) in failing to hold that LSA-R.S. 9:422.1 is…”
Roy v. Speer, 192 So. 2d 554 (La. 1966). · cites it 8× “Emmett Kennie Roy and his wife, Hazel Marie, availing themselves of the provisions of R.S. 9:422.1, 1 instituted this proceeding to adopt Kathy Marie Speer, their maternal granddaughter, whose custody had been *1037 awarded their daughter, Betty Lois Roy Speer, in a judgment of…”
Tutorship of Shea, 619 So. 2d 1236 (La. Ct. App. 1993). · cites it 9× “On June 1, 1992, after taking the matter under advisement, the district court rendered oral reasons for ruling in which he found that appellant’s consent to the adoption was not required under LSA-R.S. 9:422.1, because he had failed to provide significant support for the child…”
In re MDA, 427 So. 2d 1334 (La. Ct. App. 1983). · cites it 6× “Thus, the second requirement of R.S. 9:422.1 is met. Stevenson v. Jenkins ; State v.”
Emw, Jr. v. JPM, 583 So. 2d 511 (La. Ct. App. 1991). · cites it 10× “R.S. 9:422.1. The petitioners prayed that the court appoint counsel (a curator ad hoc) to represent the nonresident father; for a hearing in accord with law; for a final decree of adoption; and for all just and equitable relief.”
Adoption of Latiolais, 376 So. 2d 555 (La. Ct. App. 1980). · cites it 5× “The mother's second husband seeks to adopt her nine and one-half year old daughter under LSA-R.S. 9:422.1. Over the father's opposition the trial court granted the application for adoption.”
In re Ewb, 441 So. 2d 478 (La. Ct. App. 1983). · cites it 5× “After the hearing the trial judge found that: (1) opponent's refusal to pay child support was unjustified; (2) opponent had forfeited the right for his consent to be required to the adoption under La.”
Show all 122 citing cases →
La. Rev. Stat. § 9:422.1(1): 18 cases
In re MDA, 427 So. 2d 1334 (La. Ct. App. 1983). “Thus, the second requirement of R.S. 9:422.1 is met. Stevenson v. Jenkins ; State v.”
In re BAS Applying for Adoption, 424 So. 2d 405 (La. Ct. App. 1982).
Adoption of Dore, 469 So. 2d 491 (La. Ct. App. 1985).
In re Lambert, 545 So. 2d 1122 (La. Ct. App. 1989).
In re Norton, 471 So. 2d 1053 (La. Ct. App. 1985).
La. Rev. Stat. § 9:422.1(1)(3): 1 case
In re Glass Applying for Adoption, 424 So. 2d 383 (La. Ct. App. 1982). “The exceptions to this fundamental rule are provided by LSA-R.S. 9:422.1. This statute stipulates that the consent of the non-custodial parent is not essential where the petitioner is a step-parent married to the custodial spouse, and one of the following conditions is met: "(1)…”
La. Rev. Stat. § 9:422.1(2): 5 cases
Wyatt v. Dep't of Pub. Welfare, 442 So. 2d 1369 (La. Ct. App. 1983). “Webb has forfeited his paternal rights by his failure to support his child for a period of one year under the provisions of LSA, R.S. 9:422.1. On the contrary, the evidence demonstrates that he supported his daughter as ordered by the Court of Domestic Relations, Jefferson…”
In re Salmon, 318 So. 2d 897 (La. Ct. App. 1975).
Ross v. Miles, 430 So. 2d 763 (La. Ct. App. 1983).
State v. Jones, 373 So. 2d 1331 (La. Ct. App. 1979).
In re Terry, 503 So. 2d 60 (La. Ct. App. 1987).
La. Rev. Stat. § 9:422.1(3): 7 cases
Adoption of Dore, 469 So. 2d 491 (La. Ct. App. 1985).
In re Kennedy, 357 So. 2d 905 (La. Ct. App. 1978). “On appeal the legitimate father specifies the trial court erred: (1) in holding that appellant was a nonresident of this state; (2) in holding that appellant failed to support his child for a period of one year; and (3) in failing to hold that LSA-R.S. 9:422.1 is…”
In re MDA, 427 So. 2d 1334 (La. Ct. App. 1983). “Thus, the second requirement of R.S. 9:422.1 is met. Stevenson v. Jenkins ; State v.”
Myers v. Myrick, 787 So. 2d 546 (La. Ct. App. 2001).
Cantrell v. Talley, 291 So. 2d 462 (La. Ct. App. 1974).
La. Rev. Stat. § 9:422.1(A)(1): 1 case
Radke v. Fontenot, 637 So. 2d 684 (La. Ct. App. 1994).
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