Legal Opinion · Dissent

In re J.M.P.

Supreme Court of Louisiana

Decided June 3, 1988No. 88-C-0008Published

1DissentCalogero, Justice

■ The majority opinion contains a well-written exposition on the best interest of the child standard, as well as an interesting discussion of various psychological and social issues relating to child development. I fear, however, that the majority passes too quickly over the primary legal issue presented by this case.

I would phrase that legal issue as follows: What did the Legislature intend when it provided in La.R.S. 9:422.7 that the surrendering parent must be “represented by an attorney” at the signing of the act of surrender?”

By mandating representation for the surrendering parent, did…

2Cases cited3 opinions

  1. Sorentino v. Family & Children's Soc. of ElizabethSupreme Court of New Jersey · 1976
  2. Wuertz v. CraigSupreme Court of Louisiana · 1985
  3. Matter of Adoption of BGDWyoming Supreme Court · 1986

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