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What happens if the adoption is contested in Louisiana?

3 min readHelping families since 2001Louisiana
In this answer · 2 sections

If the adoption is contested in Louisiana, your case will be decided by the District Court in your parish, and what happens next depends on the specific facts of your family. A contested adoption means a biological parent has been given notice of the petition and actively objects. That is different from a parent who simply doesn't respond or sign.

How the notice step matters: Louisiana allows personal service by sheriff, or service by publication if a parent's location is unknown after due diligence. Proper notice is what gives the parent the chance to respond, so it is worth doing carefully.

What the court looks at: Louisiana's Children's Code addresses abandonment in La. Ch.C. Art. 1245, and the period it uses is 6 months. Whether a parent's situation meets that standard, and how the judge weighs it against the parent's objection, is a question for the court. An attorney can tell you how it applies to your circumstances.

The child's voice: Louisiana does not require the child's consent. The court does ask for and consider the wishes of a child 12 or older. See La. Ch.C. Art. 1253(C).

What stays the same:

  • Louisiana has no specific residency duration, though you must be domiciled in the state. See La. Ch.C. Art. 1180.
  • The home study is waived in stepparent cases under La. Ch.C. Art. 1252(A). Ask the clerk whether a contested case changes that.
  • The court filing fee typically runs $200-$400, and the typical total cost is under $1,000 when you handle the paperwork yourself.

Timeline: Stepparent adoptions in Louisiana typically take 3-6 months. A contested case depends on the court's schedule and on how the objection is resolved, so the District Court clerk in your parish can tell you what to expect for hearing dates.

Should you hire an attorney? If a parent has filed an objection, we strongly suggest speaking with a Louisiana family law attorney about your specific situation. Cases like this turn on facts, such as the parent's contact and support history, and an attorney can advise you on strategy and represent you in court. Attorney-handled adoptions commonly cost $3,000-$5,000+, so ask whether an attorney can help with only the contested portion while you handle the paperwork yourself.

Practical steps while you wait:

  • Keep copies of everything you file and every notice you receive.
  • Keep records of the parent's contact and support, or the lack of it.
  • Ask the District Court clerk about local scheduling and procedures. The clerk can't give legal advice, but can explain how the process works.
  • Don't sign or agree to anything you don't understand.

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 file it yourself without an attorney. The price is $349 for the first child (or one adult adoptee) and $99 for each additional child. Court-ready documents arrive 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 34,000+ families nationally since 2001.

Stepparent adoption in Louisiana at a glance

Court
District Court
Residency before filing
No minimum period
Typical timeline
3-6 months
Court filing fee
$200-$400
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
Home study
Usually waived for stepparents
Louisiana families we've helped
881

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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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