Louisiana Stepparent Adoption Guide 2026 | StepParent Adoption 360

The short answer: in Louisiana, a stepparent adoption is called an intrafamily adoption, and it's governed by the Louisiana Children's Code (Articles 1243 and following). The other parent's consent can be dispensed with when, for at least six months, he has failed without just cause to pay court-ordered support or to visit or communicate with the child (Ch.C. art. 1245). In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent: the father never signs, and the judge approves the adoption anyway.

How Louisiana Is Different

Louisiana is a civil-law state, and its adoption rules live in the Children's Code rather than a typical "adoption act." The Code recognizes three types of adoption of children: agency, private and intrafamily (Ch.C. art. 1170). A stepparent adoption is an intrafamily adoption, and the intrafamily chapter takes precedence over the rest of the adoption title when they conflict (art. 1243.1).

Adoptions are filed in the juvenile court, for example in the parish where you live or where the child's custodian lives (art. 1180). All adoption hearings are held by the judge in chambers, with only the parties, their attorneys and court officers present unless the judge allows others (art. 1184).

Step 1: Confirm You Qualify

Under Ch.C. art. 1243, a stepparent may petition for an intrafamily adoption when:

• You're related to the child by affinity (marriage) through the child's mother, or through a father who is legally filiated to the child.
• You're over 18, and if you're married, your spouse is a joint petitioner, with one exception below.
• You've had legal or physical custody of the child for at least six months before filing.

Your spouse's role depends on how the child was born (art. 1244). If the child was born of a marriage and your spouse signs an authentic act of consent, your spouse doesn't need to join the petition or be served. If the child was born outside marriage, your spouse joins the petition. Either way, your spouse's relationship with the child stays exactly as it is (art. 1256(C)).

Step 2: The Other Parent, With or Without Consent

This is the part families worry about most, and Louisiana's rules are clear.

When his consent isn't needed

Under Ch.C. art. 1245(C), when your spouse has sole or joint custody by court order, or is otherwise exercising lawful custody of the child, the other parent's consent can be dispensed with if either of these is true:

• he has refused or failed to comply with a court order of support, without just cause, for at least six months; or
• he has refused or failed to visit, communicate, or attempt to communicate with the child, without just cause, for at least six months.

You prove those facts by clear and convincing evidence at the hearing. Either one is enough. A father who sends an occasional payment but never calls, or who calls on a birthday but ignores a support order, can still fall within the article.

When the father never established his rights

Louisiana lists whose consent is required in Ch.C. art. 1193: the mother; the father of a child born of a marriage or a presumed father; and an alleged or biological father only if he has established his parental rights under the Children's Code or through a judgment of filiation. If none of those describes him, his consent isn't on the list at all.

When he agrees

Any parent may sign an authentic act consenting to an intrafamily adoption, which can include waiving service and notice of later proceedings (art. 1244(A)). An authentic act is a formal document executed before a notary; follow your packet's signing instructions.

Step 3: Prepare and File the Petition

The petition is styled "In re ____, Applying for Intrafamily Adoption" and states, among other things, each petitioner's name, address, age, occupation and marital status; the child's name, birth date and place; each parent whose consent is required and proof of that consent, or the reason consent isn't required under Article 1245; and when and how the child came into your home (art. 1246). A certified copy of the child's birth certificate is attached (art. 1197).

When you file, the court immediately orders a criminal records check (you submit fingerprints to the sheriff or state police) and a check of child abuse and neglect records (art. 1243.2). A criminal record isn't automatic grounds to deny an intrafamily adoption (art. 1253(B)(4)).

Step 4: Serve the Other Parent

The clerk issues a notice that's served with the petition on every parent whose consent is required and hasn't been given (art. 1247). The notice tells the parent that if he doesn't file a written answer opposing the adoption within 15 days of receiving it, he loses the right to object.

• If he lives in Louisiana, he's served personally or at his home at least 30 days before the hearing (art. 1248).
• If he lives out of state, service is by certified or registered mail, return receipt requested, or commercial courier, at least 30 days before the hearing (art. 1249).
• If he can't be served either way, the court appoints an attorney as curator ad hoc to represent him, and service is made on the curator (art. 1250). You pay the curator's fees and costs. The Department of Children and Family Services helps by giving the curator any information it has about the parent's location (art. 1252(B)).

Not knowing where he is doesn't stop the adoption. Louisiana's curator process is how courts handle it every day.

Step 5: The Hearing and Final Decree

The court hears an intrafamily adoption within 60 days if there's no opposition, or within 90 days if there is (art. 1253). The court considers the records checks, any department report, and the testimony. If your stepchild is 12 or older, the court asks for and considers the child's wishes.

The department investigates an intrafamily adoption only if the court orders it (art. 1252(A)), so there's no automatic home study.

The judge's basic consideration is the child's best interests. When a court has granted custody to your spouse, the parent married to you, there's a rebuttable presumption that the adoption is in the child's best interests (art. 1255(C)). If the other parent files an opposition and fights the adoption, that's a good time to talk with a local Louisiana attorney.

Step 6: After the Adoption

The final decree relieves the other parent of all legal duties and divests him of all legal rights regarding the child (art. 1256(A)). Two points families often don't expect:

• Your child's right to inherit from the biological parent and that side of the family is unaffected by the adoption (art. 1256(B)).
• Grandparents may be able to seek limited visitation in certain circumstances (art. 1256(D)).

The child's full name can be changed in the final decree; if it's changed, the surname will be the adoptive parent's (art. 1257). Then order certified copies, request the new birth certificate from vital records in the child's birth state, and update Social Security (Form SS-5 if the name changed), school, medical and insurance records. Whether back child support already owed can still be collected depends on Louisiana law.

What Does It Cost?

StepParent Adoption 360 prepares your Louisiana document package for $349 for the first child, plus $99 for each additional child. Court costs, service, the records checks, and a curator ad hoc's fees (if one is appointed) are paid separately; ask your juvenile court clerk for the current amounts. Many uncontested intrafamily adoptions are heard within about two months of filing.

Frequently Asked Questions

Can I adopt my stepchild in Louisiana without the father's consent?

Yes. Under Ch.C. art. 1245, consent can be dispensed with if, for at least six months without just cause, he failed to comply with a court order of support or failed to visit, communicate or try to communicate with the child. About 80% of the stepparent adoptions we've completed went forward without the other parent's consent.

What if I don't know where the other parent is?

The court appoints an attorney as curator ad hoc to represent him, service is made on the curator, and the case goes forward (art. 1250). You pay the curator's fees.

Does my stepchild have to consent?

Louisiana doesn't list the child among the people who must consent (art. 1193), but if the child is 12 or older the court asks for and considers the child's wishes at the hearing (art. 1253(C)).

Is a home study required?

Not automatically. The department investigates an intrafamily adoption only if the court orders it (art. 1252(A)). The court does order criminal and child-abuse records checks when you file (art. 1243.2).

Do I have to be married?

Yes, for the stepparent route. Article 1243 relies on a relationship by affinity, which comes from your marriage to the child's parent. If you're not married, talk with a local attorney and see our Louisiana state guide.

Does the adoption cut off my child's inheritance from the other side of the family?

No. In Louisiana, the adopted child's right to inherit from the biological parent and other blood relatives is unaffected by the adoption (art. 1256(B)).

About the Author

Doug Brown, Founder. Doug Brown has helped families prepare stepparent and adult adoption paperwork since 2001: more than 34,000 families in all 50 states. StepParent Adoption 360 is a document-preparation service, not a law firm, and doesn't give legal advice.

Sources: Louisiana Children's Code arts. 1170, 1180, 1184, 1193, 1197, 1243, 1243.1, 1243.2, 1244, 1245, 1246, 1247, 1248, 1249, 1250, 1252, 1253, 1255, 1256 and 1257 (Louisiana State Legislature, legis.la.gov). Company figures (34,000+ families since 2001; about 80% of completed stepparent adoptions without the other parent's consent) are from our own records.