What if the other parent won't sign consent in Louisiana?

If the other parent won't sign consent in Louisiana, your adoption may still be able to go forward, but how depends on your facts, especially how long it has been since the other parent was involved. Louisiana sets an abandonment period of six months under La. Ch.C. Art. 1245, and that is the main route families look at when a parent is absent or unresponsive.

Start with the abandonment period. Louisiana's abandonment period is six months. If the other parent has been out of the child's life for that long, the abandonment provision in La. Ch.C. Art. 1245 may apply. Whether your situation meets it depends on the details of your case, so the District Court clerk in your parish or a Louisiana family law attorney can tell you how it applies to you.

Termination is not a separate case. In Louisiana, ending the other parent's rights does not require its own separate proceeding. It is addressed within the adoption under Louisiana Children's Code Title XII.

If the other parent is involved and objects. If the other parent has stayed in the child's life and actively refuses, your case is likely to be contested. Outcomes in contested cases turn on the specific facts, so it is wise to speak with a Louisiana family law attorney about your situation. You can still use a document service for the paperwork.

If you can't find the other parent. Not knowing where the other parent is does not necessarily stop the process. Louisiana allows:

• Personal service by the sheriff when you know where the parent is.
• Service by publication if the parent's location is unknown, after you have made a diligent effort to find them.

The District Court clerk can explain what counts as due diligence in your parish.

What doesn't change.

• The adoption is filed in the District Court in your parish.
• Louisiana has no minimum residency period, though you must be domiciled in the state (La. Ch.C. Art. 1180).
• The child's own consent is not required. The court asks for and considers the wishes of a child 12 or older (La. Ch.C. Art. 1253(C)).
• Court filing fees typically run $200-$400. The timeline for a stepparent adoption is typically 3-6 months. A contested case may take a different amount of time, and the clerk can tell you what to expect locally.

Practical next steps.

• Write down when the other parent last had contact with your child and what that contact was.
• Gather any records, such as messages, letters or court orders, that show the history.
• Ask the District Court clerk what the court will want to see in a case where consent is missing.
• Talk with an attorney if the other parent has said they will oppose the adoption.

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 then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child, and your court-ready documents arrive within 24-48 hours after you finish the questions. We have helped 881 Louisiana families and more than 34,000 families nationally since 2001, and we back our work with a 100% court acceptance guarantee.