Parental Rights
Louisiana
Last Updated: 2026
| Question | Answer |
Does the state allow for termination or limitation of parental rights when a child is born from rape? |
Yes |
Does the state require a conviction for the sexual offense to terminate or limit the rapist’s parental rights? |
No |
May the state terminate or limit parental rights when there was a sexual assault that led to the birth of the child, but no conviction? |
yes |
What parental rights can be terminated or limited? |
All rights over child. Additionally, if the rapist parent seeks visitation of the child, if the child was conceived through the commission of a felony rape, the parent who committed the felony rape shall be denied visitation rights and contact with the child. [This applies where the parent's rights have not been terminated.] |
Are there any exceptions to the termination or limitation of a rapist’s parental rights? |
N/A |
What other rights may be impacted by terminating a rapist’s parental rights? |
N/A |
What is the procedure for termination or limitation of parental rights in these circumstances? |
The victim must petition the court. |
What proof do you have to show to terminate or limit the rapist parent’s parental rights? |
Victim must prove by Clear and Convincing Evidence either that the respondent was convicted for a felony sexual assault against the petitioner, through which the child was conceived; OR that the respondent committed a felony sexual assault against the petitioner through which the child was conceived. |
Are there any time limits for when a petition must be filed to terminate or limit the rapist parent’s rights? |
N/A |
Does the law apply to both adult victims and underage victims? |
Yes |
Does the law have any exceptions for married or co-habitating victims? |
N/A |
Can a court require the rapist parent to pay child support after parental rights have been terminated? |
N/A However, rapist parent is responsible for all court costs from the termination petition, as well as all costs of medical and psychological care for the other parent and/or for the child. |
Statutory Citations |
See, LSA-Ch.C. Art. 1015 (3) and (9) See also La. Civ. Code. Art. 137. Denial of visitation; felony rape |