We divorced and remarried — can my spouse adopt my child now in Louisiana?

Yes, a stepparent who is married to the child's parent can pursue adoption in Louisiana, and the steps are the same for a couple who divorced and then remarried. The adoption is filed in the District Court under Louisiana Children's Code Title XII. How a court views a particular marriage history is a fact-specific question, so the District Court clerk in your parish, or an attorney, can confirm whether your situation raises anything extra.

What the Louisiana process looks like for you:

• Court: You file in District Court. Louisiana has 64 parishes, and the clerk in your parish can tell you local filing details.
• Residency: Louisiana has no minimum residency period (La. Ch.C. Art. 1180).
• Home study: Louisiana waives the home study for stepparent adoptions (La. Ch.C. Art. 1252(A)).
• Timeline: A stepparent adoption typically takes 3-6 months.
• Paperwork: Louisiana requires a Petition for Intrafamily Adoption and a sworn statement of financial responsibility. A spouse's consent to the adoption is also part of the filing.

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)).

The other biological parent: Your marriage history is rarely the hardest part of a stepparent adoption. The other parent's role usually is. Louisiana's abandonment provision uses a period of 6 months (La. Ch.C. Art. 1245). Whether it applies depends on your facts, so ask the clerk or an attorney about your case, especially if the other parent may object. If the other parent has to be served, Louisiana allows personal service by sheriff, or service by publication if their location is unknown after due diligence.

What it costs: Court filing fees run about $200-$400, and the total typically comes to under $1,000 when you file on your own. Attorney-handled adoptions often cost $3,000-$5,000+.

What to do next:

• Gather your current marriage certificate and the child's birth certificate.
• Ask the District Court clerk in your parish whether your divorce and remarriage history needs any additional documents. Louisiana's rules on that point should be confirmed with the clerk or an attorney