What if my stepchild doesn't want to be adopted in Louisiana?

In Louisiana, your stepchild's consent is not required for a stepparent adoption, but the District Court asks for and considers the wishes of a child who is 12 or older (La. Ch.C. Art. 1253(C)). So a child's hesitation matters, even though it isn't a legal gate you have to pass through.

What this means by age

• Under 12: Louisiana does not require the child's consent. It is still kind and wise to involve them in age-appropriate ways.
• 12 or older: The court asks for the child's wishes and considers them. How much weight a judge gives a child's objection in a particular case depends on the facts, so ask the District Court clerk in your parish or an attorney about your specific situation.

Why a child might hesitate

• Loyalty to a biological parent, and a worry that adoption "replaces" that parent
• Fear of change
• Not fully understanding what adoption means
• General teenage pushback on adult decisions

What often helps

• Talk openly. Explain in plain, age-appropriate words what adoption does and does not mean. Let them ask anything.
• Reassure them. Your goal is to add a legal bond with you, not to erase anyone from their life.
• Listen first. Ask what worries them before you explain the benefits. Their concern may be something you can address directly.
• Take your time. Louisiana has no residency waiting period before you can file, so you can wait until your child feels more comfortable. Once you file, a stepparent adoption typically takes about 3-6 months.
• Consider counseling. If the hesitation runs deep or the conversations keep ending in conflict, a family counselor can help everyone feel heard.

If the objection is serious

If your stepchild is 12 or older and firmly opposed, think carefully about whether to file now. How a judge would respond to a strong objection depends on your family's circumstances, so a short consultation with a Louisiana family law attorney can be worthwhile. Adoption of an adult (18+) is a separate process, and you could discuss it with an attorney as a later option.

The other parent matters too

A child's feelings are one piece of the picture. Questions about the other biological parent, such as whether that parent agrees or can be located, depend on your facts. Louisiana's abandonment provision is La. Ch.C. Art. 1245, with a 6-month period, but whether it applies to you is something to confirm with the clerk or an attorney.

Costs of filing

Court filing fees in Louisiana typically run $200-$400, and the total cost of a stepparent adoption you file yourself is typically under $1,000, compared with $3,000-$5,000+ for an attorney. Filing happens in the District Court 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, which you then file yourself without an attorney. The price is $349 for the first child 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.