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Legal Information: Louisiana


April 8, 2020

If my child was conceived as a result of rape, can the parent (offender) get any rights to my child?

If your child was conceived through felony rape, the offender who committed the felony rape cannot get any visitation rights or contact with your child.1

If there was an actual criminal conviction against the offender of a “sex offense” (as defined in section 15:541(subsection 24) of the law) that resulted in the conception of your child, then this conviction could be grounds for his parental rights to be legally terminated.2 Whereas usually the state files to terminate someone’s parental rights, in this case, you (the mother of the child) have the right to file the termination of parental rights petition in court yourself. If the offender’s rights are terminated, it will result in the loss of custody, visitation, contact, and other parental rights of the offender regarding the child. However, the child would still keep any inheritance rights that could come from the offender.

1 LSA-C.C. Art. 137(A)
2 LSA-C.C. Art. 1015(3)
3 LSA-C.C. Art. 1004(I)