Louisiana Statutes
Louisiana Code of Civil Procedure Acts 1960, No. 15
Book I. Courts, Actions, and Parties
Title I. Courts
Chapter 1. Jurisdiction
Art. 2. Jurisdiction over subject matter
Jurisdiction over the subject matter is the legal power and authority of a court to hear and determine a particular class of actions or proceedings, based upon the object of the demand, the amount in dispute, or the value of the right asserted.
La. Code Civ. Proc. art. 6
Louisiana Statutes
Louisiana Code of Civil Procedure Acts 1960, No. 15
Book I. Courts, Actions, and Parties
Title I. Courts
Chapter 1. Jurisdiction
Art. 6. Jurisdiction over the person
A. Jurisdiction over the person is the legal power and authority of a court to render a personal judgment against a party to an action or proceeding. The exercise of this jurisdiction requires:
(1) The service of process on the defendant, or on his agent for the service of process, or the express waiver of citation and service under Article 1201.
(2) The service of process on the attorney at law appointed by the court to defend an action or proceeding brought against an absent or incompetent defendant who is domiciled in this state.
(3) The submission of the party to the jurisdiction of the court by commencing an action or by the waiver of objection to jurisdiction by failure to timely file the declinatory exception.
B. In addition to the provisions of Paragraph A, a court of this state may exercise personal jurisdiction over a nonresident on any basis consistent with the constitution of this state and with the Constitution of the United States.
EFFECTIVE DATE AND APPLICABILITY
<Section 3 of Acts 1999, No. 1263 (§ 1 of which amended this article) provided:>
<"The provisions of this Act shall become effective on January 1, 2000, and shall apply to all actions filed on or after January 1, 2000.">
La. Code Civ. Proc. art. 10
Louisiana Statutes
Louisiana Code of Civil Procedure Acts 1960, No. 15
Book I. Courts, Actions, and Parties
Title I. Courts
Chapter 1. Jurisdiction
Art. 10. Jurisdiction over status
A. A court which is otherwise competent under the laws of this state has jurisdiction of the following actions or proceedings only under the following conditions:
(1) An adoption proceeding if the surrendering parent of the child, a prospective adoptive parent, the adoptive parent or parents, or any parent of the child has been domiciled in Louisiana for at least eight months, or if the child is in the custody of the Department of Social Services.
(2) An emancipation proceeding if the minor is domiciled in this state.
(3) An interdiction proceeding if the person sought to be interdicted is domiciled in this state, or is in this state and has property herein.
(4) A tutorship or curatorship proceeding if the minor, interdict, or absentee, as the case may be, is domiciled in this state or has property herein.
(5) A proceeding to obtain the legal custody of a minor if he is domiciled in, or is in, this state.
(6) An action to annul a marriage if one or both of the parties are domiciled in this state.
(7) An action of divorce, if, at the time of filing, one or both of the spouses are domiciled in this state.
(8) Unless otherwise provided by law, an action to establish parentage and support or to disavow parentage if the child is domiciled in or is in this state, and was either born in this state, born out of state while its mother was domiciled in this state, or acknowledged in this state. However, regardless of the location of the child or its place of birth, an action to disavow may be brought if the person seeking to disavow was domiciled in this state at the time of conception and birth and is presumed to be its parent under the laws of this state.
B. For purposes of Subparagraphs (6) and (7) of Paragraph A of this Article, if a spouse has established and maintained a residence in a parish of this state for a period of six months, there shall be a rebuttable presumption that he has a domicile in this state in the parish of such residence.
La. Child. Code art. 1038
Louisiana Statutes
Louisiana Children's Code
Title X. Judicial Certification of Children for Adoption
Chapter 9. Judgments
Art. 1038. Effects of termination judgment
A final judgment terminating parental rights relieves the child and the parent against whom the judgment is rendered of all of their legal duties and divests them of all of their legal rights with regard to one another except as provided in Article 1037.1, and except:
(1) The right of the child to inherit from his biological parents and other relatives.
(2) The right of the child to benefits due him from any third person, agency, state, or the United States based on his status as a child of his biological parents or the rights and benefits that a native American derives from his descent from a member of a federally recognized Indian Tribe. (3) The right of the child to pursue any civil action, other than future child support, against his biological parents.