Can I adopt my stepchild if there are unpaid child support arrears in Louisiana?

Louisiana's stepparent adoption requirements do not ask you to show that the other parent's child support is paid up, so unpaid arrears are not a listed barrier to filing in your parish's District Court. What happens to the arrears themselves, and how a parent's support history plays out if the adoption is contested, depends on your facts. The District Court clerk in your parish or an attorney can confirm those points.

What Louisiana does require (Louisiana Children's Code Title XII):

• Court: You file in the District Court in your parish. Louisiana has 64 parishes.
• Residency: There is no minimum residency period. You must be domiciled in Louisiana, meaning it is your permanent home (La. Ch.C. Art. 1180).
• 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)).
• Home study: It is waived for stepparent adoptions (La. Ch.C. Art. 1252(A)).
• Paperwork: This includes a Petition for Intrafamily Adoption, a sworn statement of financial responsibility, and your spouse's consent to the adoption.
• Notice to the other parent: Louisiana allows personal service by sheriff. If the parent's location is unknown, it allows service by publication after due diligence.

Where arrears may come into play:

• Abandonment: Louisiana's abandonment provision is La. Ch.C. Art. 1245, and it uses a six-month period. Whether a parent's missed payments or lack of contact fits that provision is specific to your situation. Ask an attorney or the clerk rather than assuming either way.
• Arrears after the adoption: Whether past-due support can still be collected once the adoption is final is a question for the clerk or an attorney. If the amount is large, ask before you file, so you can decide with your spouse how you want to handle it.
• A parent who disputes the adoption: If the other parent contests, the outcome turns on the facts of your case, and an attorney can advise you on that specific issue.

Timeline and cost:

• Stepparent adoptions in Louisiana typically take 3-6 months.
• Court filing fees run about $200-$400, and the total typical cost is under $1,000. An attorney often costs $3,000-$5,000+.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your parish. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child, with court-ready documents delivered within 24-48 hours after you finish the questions. We back every package with a 100% court acceptance guarantee, and we have helped 881 Louisiana families and more than 34,000 families nationally since 2001.