One of my stepchildren's father consents but the other's doesn't — can I still adopt both in Louisiana?

You can ask the Louisiana District Court to adopt both stepchildren, but whether it can happen for the child whose father does not consent depends on that father's specific situation. Here is what Louisiana law sets out and where the facts of your family matter.

The father who consents: You would include his consent with your filing. Louisiana's stepparent (intrafamily) adoption process starts with a Petition for Intrafamily Adoption, a sworn statement of financial responsibility, and your spouse's consent to the adoption.

The father who does not consent: His objection does not end the conversation, but it changes what you need to show. Louisiana addresses abandonment in La. Ch.C. Art. 1245, which uses a six-month period. Whether your stepchild's father fits that provision depends on his history with the child, and the details of that history are a question for the District Court clerk in your parish or for an attorney. If he actively contests the adoption, that is also a situation where an attorney can advise you on your particular facts.

Notifying him: Louisiana allows personal service by the sheriff. If you do not know where he is, it allows service by publication after you have made a diligent effort to find him. The clerk can tell you what the court expects in terms of documenting that effort.

What stays the same for both children:

• Court: You file in District Court. Louisiana has 64 parishes, and the court in your parish handles the filing.
• Residency: Louisiana has no minimum residency period, though you must be domiciled in the state, meaning your permanent home is here.
• Home study: It is waived for stepparent adoption under La. Ch.C. Art. 1252(A).
• The children's wishes: Louisiana does not require a child's consent. The court asks for and considers the wishes of a child 12 or older (La. Ch.C. Art. 1253(C)).

Timeline and cost: Stepparent adoptions in Louisiana typically take about 3-6 months. A case with a non-consenting father may take a different amount of time, and the clerk can tell you what to expect locally. Court filing fees generally run $200-$400, and the total for a do-it-yourself stepparent adoption is typically under $1,000, compared with $3,000-$5,000+ for hiring an attorney. Ask the clerk whether adding a second child changes the filing fee.

Questions to settle before you file:

• How long has it been since the non-consenting father had contact with or supported your stepchild?
• Do you know where he lives, or would you need service by publication?
• Is he likely to object in court once he is notified?