Can my spouse adopt my child from a previous relationship in Louisiana?

Yes, in Louisiana your spouse can adopt your child from a previous relationship. This is called a stepparent (intrafamily) adoption, and it is handled under Louisiana Children's Code Title XII. Once the adoption is finalized, your spouse becomes the child's legal parent.

Where it is filed. The case goes to the District Court in your parish. Louisiana has 64 parishes, and the clerk of court in yours can tell you about local filing steps.

Residency. Louisiana has no minimum residency period (La. Ch.C. Art. 1180). You do need to be domiciled in Louisiana, meaning your permanent home is here.

The other biological parent. This is the part that depends most on your situation. Louisiana sets a 6-month abandonment period (La. Ch.C. Art. 1245). Whether it applies to your family, and how the other parent's rights are handled, turns on your specific facts. If the other parent is involved, objects, or cannot be found, ask the District Court clerk or an attorney about your exact situation. Louisiana allows personal service by sheriff, and service by publication if the parent's location is unknown after due diligence.

Your child's wishes. 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. A home study is waived for stepparent adoptions in Louisiana (La. Ch.C. Art. 1252(A)).

Paperwork. Typical filings include a Petition for Intrafamily Adoption and a sworn statement of financial responsibility. The clerk can confirm any additional forms your parish expects.

Timeline. Stepparent adoptions in Louisiana typically take about 3-6 months.

Cost. Court filing fees generally run $200-$400, and the total typical cost is under $1,000. Hiring an attorney for the same process often costs $3,000-$5,000+.

What this means for you. If you and your spouse are raising your child together, Louisiana gives you a clear path to make that relationship legal. Contested cases, an unknown or missing parent, and other unusual circumstances are worth a quick conversation with the clerk or an attorney before you file.

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. Court-ready documents are delivered within 24-48 hours after you finish the questions, and our 100% court acceptance guarantee applies. We have helped 881 Louisiana families, and 34,000+ families nationally since 2001.