Metairie, LA asked in Adoption for Louisiana

Q: Does the son have rights to their biological mother even though he was given up for adoption?

Woman passed away in Louisiana. She is divorced, gave her son up for adoption in Georgia, parents are deceased, and has two surviving siblings that are handling her cremation arrangements. Although she gave her son up for adoption, I'm told the adopted son still has rights and will have to sign her cremation paperwork since he didn't give up his rights to her even though she gave up her rights to him. The siblings have no way of contacting the son, doesn't know his name, doesn't know where he lives or if he is still alive.

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1 Lawyer Answer
Douglas Lee Bryan
Douglas Lee Bryan
  • Family Law Lawyer
  • Marksville, LA
  • Licensed in Louisiana

A: A child that was surrendered for adoption still has the right to inherit from his/her parent in Louisiana, even though the parent's parental rights were terminated. I've never heard of a crematorium requiring that a child surrendered for adoption sign the paperwork, however.

Randy Bryan Ligh agrees with this answer

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