Succession of Caldas

The plain, unambiguous language of LSA-R.S. 9:461 prescribes that adoption between majors is accomplished by “execution of a notarial act signed by the adoptive parent . . . and the person to be adopted.” Although the act of adoption in this case was not signed by the adoptee the majority opinion concludes that the adoption was valid because there is no authority in the law or jurisprudence to the effect that parties to an adoption cannot sign through a mandatary. While there are no cases directly on point I believe'the jurisprudence and reason dictate the opposite result.

A leading case on…