Louisiana Revised Statutes & Codes
La. Rev. Stat. § 9:440 (2026)
Repealed by Acts 1991, No. 235, §17, eff. January. 1, 1992.
✓ current as of May 2026
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§440. Repealed by Acts 1991, No. 235, §17, eff. January. 1, 1992.
Notes of Decisions
Cited in 9
cases, 1955–1996 · leading case: Stewart v. Goeb, 432 So. 2d 246 (La. 1983).
Stewart v. Goeb, 432 So. 2d 246 (La. 1983). “In response to Arnold's petition for nullity, John and Susan filed an exception of prescription on the basis of LSA-R.S. 9:440, which provides: "No action to annul a final decree of adoption rendered prior to July 31, 1974, for any reason, may be brought.”
In Interest of Voyles, 417 So. 2d 497 (La. Ct. App. 1982). “9:405 and R.S. 9:440, and plaintiffs' suit dismissed.”
A.S. v. M.C., 685 So. 2d 644 (La. Ct. App. 1996). “1983), the Supreme Court held that the 6-month peremptive period provided in LSA-R.S. 9:440 does not override LSA-C.C.”
In re S.R., 582 So. 2d 956 (La. Ct. App. 1991). “The peremptive period for adoptions in LSA-R.S. 9:440 states in the last sentence: No action to annul a final decree of adoption rendered prior to the effective date of this Section [July 9, 1987], but after January 1, 1986, for any reason, shall be brought after a lapse of six…”
Lyons v. Goodman, 78 So. 2d 424 (La. Ct. App. 1955). “Counsel for plaintiffs in their brief offer the additional arguments which evidently were not made in the Lower Court, as follows: "The defendant introduced in evidence a certificate of Baptism marked D1 for identification, a notification of birth registration marked D2 for…”
Hill v. Moorman, 525 So. 2d 681 (La. Ct. App. 1988). “Under LSA-R.S. 9:440, no action to annul a final decree of adoption rendered prior to July 31, 1985, but after January 1, 1984, for any reason, shall be brought after a lapse of six months from July 31, 1985.”
As v. Mc, 685 So. 2d 644 (La. Ct. App. 1996). “1983), the Supreme Court held that the 6-month peremptive period provided in LSA-R.S. 9:440 does not override LSA-C.C.”
Stewart v. Goeb, 417 So. 2d 59 (La. Ct. App. 1982). “The express language of LSA-R.S. 9:440 precludes any action brought to annul a final decree of adoption rendered prior to September 7, 1979 (as the instant decree was, December 11, 1978), no matter what the ground or the reason, after a lapse of six months from September 7, 1979.”
In Re Sr, 582 So. 2d 956 (La. Ct. App. 1991). “The peremptive period for adoptions in LSA-R.S. 9:440 states in the last sentence: No action to annul a final decree of adoption rendered prior to the effective date of this Section [July 9, 1987], but after January 1, 1986, for any reason, shall be brought after a lapse of six…”
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