Can I adopt my special needs stepchild in Louisiana?

Yes, you can pursue a stepparent adoption of your stepchild in Louisiana, and the process is filed in your parish's District Court. Louisiana calls it an intrafamily adoption, and it falls under Louisiana Children's Code Title XII. How your child's particular special needs might affect your case is a question for the District Court clerk in your parish or an attorney. The general steps below apply to stepparent adoptions in Louisiana.

What Louisiana requires:

• Residency: Louisiana has no minimum residency period (La. Ch.C. Art. 1180). You do need to be domiciled in the state, meaning your permanent home is here.
• Child's consent: Louisiana does not require the child's consent. The court asks for and considers the wishes of a child 12 or older (La. Ch.C. Art. 1253(C)). If your child's disability affects how they can share their wishes, ask the clerk or an attorney how the court handles that.
• Abandonment: If the other legal parent is not part of the picture, the abandonment period in Louisiana is 6 months (La. Ch.C. Art. 1245). Whether it applies to your family depends on your facts, so have an attorney review a contested case or one involving an unknown parent.
• Home study: It is waived for stepparent adoptions (La. Ch.C. Art. 1252(A)).
• Paperwork: You will file a Petition for Intrafamily Adoption and a sworn statement of financial responsibility, along with the other documents the court requires. Your spouse's consent is part of the package.
• Notice to a parent: Louisiana allows personal service by sheriff, or service by publication if a parent's location is unknown after due diligence.

Timeline and cost: Stepparent adoptions in Louisiana typically take 3-6 months. The court filing fee generally runs $200-$400, and the total cost is typically under $1,000, compared with $3,000-$5,000+ when hiring an attorney.