As a Louisiana-based lawyer who practices family law, I understand the complexities and nuances of adoption laws in Louisiana. For many prospective adoptive parents and birth parents, navigating the legal requirements of adoption can be overwhelming and intimidating.
Louisiana has a unique legal system compared to other states, and its adoption laws reflect that. Understanding the eligibility requirements for adoptive parents, consent requirements for birth parents, and the home study and finalization processes are essential for successful adoption.
Whether you are considering adoption as a birth parent or prospective adoptive parent, this blog post will help you understand the legal requirements and processes involved. My goal is to make the adoption process in Louisiana more accessible and manageable for everyone involved. Let’s dive in and explore the adoption laws in Louisiana together.
Overview of Adoption Laws in Louisiana
Adoption in Louisiana is a legal process that establishes a permanent parent-child relationship between adoptive parents and a child. Eligibility requirements for adoptive parents include age, residency, and marital status.
Birth parents must provide their consent for adoption in most cases, and the home study process is required to assess the adoptive parents’ suitability to adopt a child. Once the home study is completed, the adoption process can proceed to finalization, which involves a court hearing to approve the adoption.
There are different types of adoption in Louisiana, including agency adoptions, private adoptions, international adoptions, and stepparent adoptions, each with its unique legal requirements and procedures. Regardless of the type of adoption, the court must find that the adoption is in the best interests of the child.
Louisiana’s adoption laws are governed by the Louisiana Children’s Code, which sets out the legal framework for adoption in the state. Louisiana’s legal system differs from other states in that it is based on the civil law system.
Prospective adoptive parents and birth parents should consult with a qualified adoption attorney to understand the legal requirements and procedures involved in adoption. Adoption laws in Louisiana are unique and require the guidance of an experienced adoption attorney to ensure a successful adoption process.
Home Study Process
The home study assesses the prospective adoptive parents’ fitness to provide a stable home. Interviews, home visits, and background checks are conducted by a licensed agency or social worker.
The home study process typically involves a series of interviews with the prospective adoptive parents to assess their background, motivations for adoption, parenting style, and ability to provide a stable and supportive home environment.
The social worker will also conduct a visit to the prospective adoptive parent’s home to assess their living conditions, safety, and overall environment for a child. Prospective adoptive parents should be honest and open, prepare their home to be clean and safe, and gather necessary documentation, including financial records, medical history, and personal references.
Finalizing Adoptions
Adoption finalization is the last legal step in the adoption process. It involves a court hearing where the adoption is approved, and the parent-child relationship is established. The finalization process typically takes place several months after the placement of the child with the adoptive parents.
Before the finalization hearing, the adoptive parents must have completed all legal requirements, including the home study, background checks, and any necessary legal documents.
At the hearing, the adoptive parents, birth parents, and the child (if old enough) will appear before a judge who will ask questions and ensure that the adoption is in the best interest of the child.
Prospective adoptive parents should prepare for the finalization process by working with their adoption attorney to ensure that all legal requirements have been met. They should also prepare emotionally for the finalization hearing, as it can be an emotional and exciting event for everyone involved.
Common Types of Adoption in Louisiana
In Louisiana, there are several types of adoptions available, each with its own unique legal requirements and procedures. Prospective adoptive parents and birth parents considering adoption need to understand the different types of adoption available in Louisiana to make an informed decision about the best option for their family. The three most common ones are intrafamily, agency, and private adoptions.
Intrafamily Adoption
Intrafamily adoption is a type of adoption that involves a close relative or stepparent adopting a child who is related to them by blood or marriage. Intrafamily adoption is becoming more common as families seek to provide a stable home for children who cannot remain with their biological parents.
There are many benefits to intrafamily adoption. One of the most significant advantages is that it helps maintain the child’s connections to their family and culture. When a child is adopted by a relative or stepparent, they can continue to have relationships with their birth family members, which can be critical for their sense of identity and self-worth.
Another benefit of intrafamily adoption is that it can provide a stable and secure home for a child in need. When a child is adopted by a close relative or stepparent, they already have an existing relationship with their new family. This can make the transition to their new home much smoother and less traumatic.
Stepparent adoptions
Stepparent adoption in Louisiana is a legal process in which a stepparent adopts their spouse’s child, establishing a legal parent-child relationship between the stepparent and the child. Stepparent adoptions are typically less complex than other types of adoptions because the biological parent’s rights are often terminated through the adoption process.
To be eligible for a stepparent adoption in Louisiana, the stepparent must be legally married to the biological parent of the child. The biological parent must provide consent for the adoption, and the other biological parent’s rights must be terminated, either voluntarily or through legal proceedings.
Agency Adoption
What is agency adoption? An agency adoption involves a licensed child-placing agency rather than a direct placement between the biological parents and prospective adoptive parents. There are often fees associated with using an adoption agency.
Who can file for agency adoption? A single person who is at least 18 years old or a married couple may jointly file for agency adoption.
What happens after you file for agency adoption? After filing the initial petition for an agency adoption, the parents of the child and the agency where the child is placed must be served with the petition. After they are served with the petition, a hearing on the petition will be set for 30-60 days from the filing of the petition.
Meanwhile, the adoption agency has some prerequisites for the prospective adoptive parents to meet. These include
- an initial in-home, in-person visit with the child and one adoptive parent within 7 days of the child’s placement,
- a second in-home, in-person visit within 30 days of the initial visit,
- in-home visits wherein the child is observed with one adoptive parent at least once a month after the first two initial visits,
- a private visit with the child without the adoptive parent at least every other month
- in-home visit with both adoptive parents within 30 days before the final decree. The agency must then prepare a confidential report of its findings from each interaction with the family, which will be submitted to the court.
What happens at the initial hearing for an agency adoption? After the court has been presented with all of the evidence in the matter, the court will either grant or deny an interlocutory or final decree of adoption.
What is an interlocutory decree, and what does that mean for my agency’s adoption? An interlocutory decree is a temporary order. What this means is that the adoption will not be considered finalized until a final decree has been rendered by the court.
A Louisiana court cannot issue a final adoption decree for an agency adoption at the initial hearing unless the child was placed in the petitioner’s home by an agency. The child has lived in that home for at least 6 months before the hearing for adoption or the biological parent’s rights have been terminated, and the child has lived in the petitioner’s home for at least one year.
Once an interlocutory decree has been granted, the department shall maintain contact with the proposed adoptive home. A second confidential report will be presented to the court before the final decree is rendered.
After the child has lived with the petitioner for at least one year and at least six months have passed since granting the interlocutory decree, the petitioner may file a petition for a final decree of agency adoption. The court will then set a time and place for the hearing for the final decree of adoption.
If the court grants the agency adoption, what does that mean for the biological family? Once a final decree of adoption is rendered, the biological parents whose rights have not been previously terminated and all other blood relatives are relieved of all their legal duties and rights with regard to the adopted child.
This includes the right to inherit from the child or their descendants in the event of their death. Furthermore, the child is relieved from all legal duties and rights for their biological parents. However, they maintain the right to inherit from their biological parents and other blood relatives in the event of their death.
Grandparents may request limited visitation from the court. Parents, grandparents, siblings, or other relatives by blood, adoption, or affinity may request continuing contact with the child if they can show the court that they have a significant relationship with the child.
What happens if the court denies an interlocutory or final decree of agency adoption? If the court finds that the adoption is not in the best interest of the child, the court may remove the child from the petitioner and reinstate the legal custodian or appoint a new one.
Is agency adoption permanent? Any party to the proceedings has the right to appeal a judgment granting or refusing to grant an interlocutory or final decree of agency adoption. Such appeal must be brought within thirty days of the judgment or decree. If an appeal is not brought within this time frame, then the judgment is final.
Private adoption
A private adoption differs from intrafamily and agency adoption in that before a child is placed in the home with the prospective adoptive parents, the prospective adoptive parents must first obtain a current certification for adoption or a court order of approval for the adoption placement. If the child is the stepchild, grandchild, sibling, niece, or nephew of one of the prospective adoptive parents, then this requirement is waived.
What is private adoption? Private adoption is when the biological parents and the prospective adoptive parents deal directly with each other and at least one attorney for the adoption without the need for an agency or biological connection between the child and prospective adoptive parents.
Who can file for private adoption? A single person who is at least 18 years old or a married couple may jointly file for private adoption.
What happens after you file for private adoption? After filing the initial petition for private adoption, the parents of the child must be served with the petition. After they are served with the petition, a hearing on the petition will be set for 30-60 days from the filing of the petition.
Meanwhile, the adoption attorney has some prerequisites for the prospective adoptive parents to meet. These include:
- An initial in-home, in-person visit with the child and one adoptive parent within 7 days of the child’s placement,
- A second in-home, in-person visit within 30 days of the initial visit,
- In-home visits wherein the child is observed with one adoptive parent at least once a month after the first two initial visits,
- a private visit with the child without the adoptive parent at least every other month
- In-home visits with both adoptive parents within 30 days before the final decree. The department must then prepare a confidential report of its findings from each interaction with the family, which will be submitted to the court.
Certification – If you are qualified to adopt a child, you may request to have a preplacement home study done to obtain a certification of adoption. A certification for adoption shall be completed or brought within twelve months before the placement of a child with the adoptive parents.
The sheriff and department shall conduct a criminal record check and any validated claims of child abuse or neglect in any state the prospective adoptive parents have lived. The professional who conducted the home study shall issue the preplacement certificate if they find the home study to be favorable. This certificate is valid for a minimum of two years.
Do I have to participate in a preplacement home study? If prospective adoptive parents have not previously obtained certification for adoption, then they may request placement of the child from the court.
Such request must obtain the following:
- The name, address, age, occupation, and marital status of the prospective adoptive parents.
- The expected date of the child’s placement.
- The relationship between the child and the prospective adoptive parents, if any.
- The name of the child whose placement is requested, if known. The request will then be set for a confidential hearing within 48 hours of its filing.
At the hearing, the prospective adoptive parents will be required to testify, under oath, why they are a good fit for the child. Such questions will likely, at a minimum, pertain to the following:
- Their moral fitness, previous criminal records, or validated complaints of child abuse or neglect, if any.
- Their mental and physical health.
- Their financial capacity and disposition to provide the child with food, clothing, medical care, and other material needs.
- Their capacity and disposition to give the child love, affection, and guidance and to undertake the responsibilities of becoming the child’s parents.
- The adequacy of the physical environment of their home and neighborhood for the placement of the child.
- The names and ages of other family members who would reside with the child in the prospective adoptive home and their attitude toward the proposed adoption.
- The stability and permanence, as a family unit, of the proposed adoptive home. After the hearing, the court will render a written order approving or denying the request. An order of approval is valid for twelve months. A denial may be appealed and must be heard within 48 hours of its filing.
What happens at the initial hearing for a private adoption? After the court has been presented with all of the evidence in the matter, the court will either grant or deny an interlocutory or final decree of adoption.
After an interlocutory decree has been entered, the attorney must ensure that the licensed professionals tasked with ensuring the safety and health of the child shall maintain contact with the proposed adoptive home. A second confidential report shall be presented to the court before the hearing on the final decree of private adoption.
What is an interlocutory decree, and what does that mean for my private adoption? An interlocutory decree is a temporary order. What this means is that the adoption will not be considered finalized until a final decree has been rendered by the court.
A Louisiana court cannot issue a final adoption decree for a private adoption at the initial hearing unless the biological parent’s rights have been terminated and the child has lived in the petitioner’s home for six months.
Once an interlocutory decree has been granted, the department shall maintain contact with the proposed adoptive home. A second confidential report will be presented to the court before the final decree is rendered.
After the child has lived with the petitioner for at least one year and at least six months have passed since granting of the interlocutory decree, the petitioner may file a petition for a final decree of private adoption. The court will then set a time and place for the hearing for the final decree of adoption.
If the court grants private adoption, what does that mean for the biological family? Once a final decree of adoption is rendered, the biological parents whose rights have not been previously terminated and all other blood relatives are relieved of all their legal duties and rights with regard to the adopted child.
This includes the right to inherit from the child or their descendants in the event of their death. Furthermore, the child is relieved from all legal duties and rights for their biological parents. However, they maintain the right to inherit from their biological parents and other blood relatives in the event of their death. Grandparents may request limited visitation from the court.
What happens if the court denies an interlocutory or final decree of private adoption? If the court finds that the adoption is not in the best interest of the child, the court may remove the child from the petitioner and reinstate the legal custodian or appoint a new one.
Is private adoption permanent? Any party to the proceedings has the right to appeal a judgment granting or refusing to grant an interlocutory or final decree of private adoption. Such appeal must be brought within thirty days of the judgment or decree. If an appeal is not brought within this time frame, then the judgment is final.
Although adoption may seem overwhelming and scary, it is worth everything you have to go through in the end. The process is much easier to navigate when you have knowledgeable and experienced attorneys on your side to guide you through the way.
Conclusion- Adoption Laws in Louisiana
Understanding adoption laws in Louisiana is critical for prospective adoptive parents and birth parents considering adoption. Louisiana has a unique legal system compared to other states, and its adoption laws reflect this.
Navigating the legal requirements and procedures of adoption can be complex and overwhelming, but with the right guidance and support, the adoption process in Louisiana can be successful.
Eligibility requirements, consent, home study, and adoption finalization are all critical aspects of the adoption process in Louisiana. Prospective adoptive parents and birth parents should consult with a qualified adoption attorney and a licensed adoption agency to ensure they understand the legal requirements and procedures involved in adoption.
At the end of the day, adoption is a beautiful way to create a permanent and loving family for a child in need. With the knowledge and confidence gained from this blog post, I hope that you feel empowered to navigate the adoption laws in Louisiana and provide a child with a loving and stable home.
If you have additional questions about adopting a stepchild, contact our office; we are an experienced family law firm with offices in Hammond, Amite, and Livingston, Louisiana.
Disclaimer: The Law Offices of Sonja Bradley provide the above information as a courtesy, and it is not intended as legal advice.