What happens if the bio parent shows up at the hearing to contest adoption in Louisiana?

If the biological parent shows up at your Louisiana hearing to contest the adoption, the District Court judge is the one who decides what happens next, and the outcome depends on the facts of your family's situation. A contested hearing is the point where it makes sense to talk with a Louisiana family law attorney about your specific case.

What the court looks at: Louisiana's rules on abandonment are in La. Ch.C. Art. 1245, which sets a six-month period. Whether that period applies to your situation, and what evidence it takes to show it, is a question for the judge. An attorney can tell you how it fits your facts. Your clerk can confirm any procedural details about how a contested hearing is scheduled and run in your parish.

Notice to the other parent: Louisiana allows a few ways to notify a biological parent of the adoption:

• Personal service by the sheriff
• Service by publication if the parent's location is unknown, after due diligence

Whether a parent who appears at the hearing was served properly, and what the judge does if there is a question about it, depends on the circumstances. Ask the District Court clerk in your parish or an attorney about that specific issue.

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, as noted in La. Ch.C. Art. 1253(C). If your child is that age, the judge will want to hear from them whether or not anyone contests.

Home study: A home study is waived in Louisiana for stepparent adoptions under La. Ch.C. Art. 1252(A), so a contest does not by itself add that step. Any additional requirements the judge might impose in a contested case are something to confirm with the clerk or an attorney.

Timing: Uncontested stepparent adoptions in Louisiana typically take 3-6 months. A contested case may take longer, but the court clerk or an attorney is the right source for how long yours might take.

How to prepare:

• Keep records showing the biological parent's contact and involvement, or lack of it, with your child.
• Make sure the paperwork, including proof of notice to the other parent, is complete and accurate.
• If you learn the other parent plans to appear or object, speak with an attorney before the hearing.

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, which you file yourself without an attorney. The price is $349 for the first child and $99 for each additional child, and you receive court-ready documents within 24-48 hours after you finish the questions. Court filing fees in Louisiana typically run $200-$400, and the total typical cost is under $1,000, compared with $3,000-$5,000+ for an attorney. We back our work with a 100% court acceptance guarantee and have helped 881 Louisiana families, and 34,000+ families nationally since 2001. If a contest arises, an attorney can advise you on the hearing itself.