IN RE: S.D. AND L.D. APPLYING FOR ADOPTION OF A.K.O.
Application for Writs from the Twenty-Sixth Judicial District
Court for the Parish of Bossier, Louisiana Trial Court No.
A3363, Honorable Robert Lane Pittard, Judge.
MCDONOUGH MILES Counsel for Applicant M.L.S.-Biological
MICHAEL E. THERIOT Counsel for S.D. & L.D. Applying for
Adoption of A.K.O.
N. MONTGOMERY Counsel for A.K.O.
WIENER, WEISS, & MADISON By: Franklin H. Spruiell, Jr.,
Counsel for Holy Cross Child Placement Services.
JEFFREY M. LANDRY Louisiana Attorney General, Counsel for
Respondent State of Louisiana.
MADELINE SUE CARBONETTE Assistant Attorney General, Counsel
for Respondent State of Louisiana.
BROWN, MOORE, and STONE, JJ.
applicant, Michael L. Shannon, filed a petition contesting
the adoption of his biological daughter, A.K.O. Thereafter,
the applicant amended his petition to challenge the
constitutionality of La. Ch. C. art. 1138, which requires an
unwed biological father to show substantial commitment to the
minor child and parental fitness in order to successfully
challenge the adoption. The trial court found La. Ch. C. art.
1138 constitutional, and the applicant now seeks supervisory
review of the finding.
Louisiana statutes are presumed constitutional, the party
challenging the statute bears the burden of proving it is
unconstitutional. Krielow v. Louisiana Dep't of
Agric. & Forestry, 2013-1106 (La. 10/15/13), 125
So.3d 384, 388. The burden plaintiffs carry in challenging
the constitutionality of a statute is a heavy burden. It is
not enough for a person challenging a statute to show that
its constitutionality is fairly debatable; it must be shown
clearly and convincingly that it was the constitutional aim
to deny the legislature the power to enact the statute.
Carver v. Louisiana Dep't of Pub. Safety,
2017-1340 (La. 01/30/18), __So. 3d__; Hite v.
Larpenter, 04-1821 (La.App. 1 Cir. 09/23/05), 923 So.2d
140, 145, writ denied, 05-2255 (La. 03/10/06), 925
granted this writ to docket for further briefing and oral
argument. After entertaining the arguments of all parties
involved in this matter, we find no constitutional issues
with La. Ch. C. art. 1138. The applicant's writ is