Does a death certificate replace the consent requirement for adoption in Louisiana?

A death certificate documents that a parent has died, but this page can't promise it replaces the consent requirement on its own. How Louisiana treats a deceased parent's consent, and what the court wants to see in that situation, should be confirmed with the District Court clerk in your parish or with an attorney who can look at your facts.

Here is what we can tell you about how Louisiana's stepparent adoption process works, so you know what to ask.

Where the case is filed. Stepparent adoptions are filed in District Court under Louisiana Children's Code Title XII. The filing is a Petition for Intrafamily Adoption. A certified copy of the death certificate is the kind of record you would ask the Louisiana Office of Vital Records for if the death was recorded in Louisiana. Ask the clerk exactly which documents they want attached.

Abandonment is a separate path. Louisiana sets a six-month period for abandonment under La. Ch.C. Art. 1245. That path is about a living parent who has left the child, not a parent who has passed away. If the other parent is alive but absent, your situation is different, and you should talk to the clerk or an attorney about how to proceed.

The 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)). This applies whether or not the other parent is living.

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. Because there is no waiting period tied to residency, you do not have to wait a set number of months before filing.

Home study. A home study is waived for stepparent adoptions (La. Ch.C. Art. 1252(A)).

If a parent can't be found. Louisiana allows service by publication if a person's location is unknown, after due diligence. That is a different situation from a parent who has died. Whether it applies to you depends on your facts.

Time and cost. Stepparent adoptions in Louisiana typically take 3-6 months. Court filing fees run $200-$400, and the total typical cost is under $1,000, compared with $3,000-$5,000+ for an attorney.

Questions to ask the clerk.

• Does the court want a certified copy of the death certificate with the petition?
• Is any other notice or paperwork needed because the parent has died?
• Are there local filing requirements in your parish?

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, plus $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 881 Louisiana families, and more than 34,000 families nationally since 2001.