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What Does Adoption Involve?

Adoption is the establishment of the parent-child relationship between persons who otherwise wouldn’t enjoy that legal status. With an adoption, the adopting person become adopted person’s parent, and the adopted person is considered for all purposes as the legitimate child of the adopting parent. In effect, a new legal family is formed.

An adoption also terminates the legal relationship between the adopted person and their legal parents, with a few exceptions. One such exception is the the adopted person’s right to inherit from the legal parent and their relatives. Give us a call today, for any questions you might have.

Louisiana Law recognizes four types of adoptions:

Intrafamily Adoption

May be an option if you are a step-parent, grandparent, or other relative related to the child’s legal parent by blood, marriage, or adoption.

Private Adoption

A single person eighteen years or older, or a married couple jointly, can petition to privately adopt a child. Private adoptions to do not involve a child placement agency, although many of the requirements are the same.

Agency Adoption

A single person eighteen years or older, or a married couple jointly, can petition to adopt a child through an agency. An “agency” includes the Louisiana Department of Children and Family Services (DCFS), the corresponding department of another state, and certain private agencies and institutions licensed to place children for adoption by DCFS or the corresponding department of another state.

Adult Adoption

A person eighteen years or older can be adopted without court approval if the adopting parent is the spouse or surviving spouse of the person being adopted. Otherwise, the parties must file a joint petition and seek authorization after a hearing and court finding that the adoption is in the best interest of both parties.

Further Important Information

Whether you’re single or married, if you want to adopt there are a number of potential complications you should be aware of. For example, certain persons must consent to the adoption or have their parental rights properly terminated prior to filing for adoption. Also, certain types of adoptions may require a home study and confidential report by DCFS.  

To ensure your Louisiana adoption is done properly, you likely want to consult with a local adoption attorney familiar with Louisiana adoption laws and policies. It’s important that you file the appropriate paperwork and comply with the procedural requirements – including notice to legal parents, consent, and/or termination of parental rights – to protect your new legal family and safeguard against future litigation.

When it comes to the laws that govern Louisiana adoptions, trying to find a quick and simple answer can be frustrating. Trying to decipher what a specific adoption statute means can be overwhelming and confusing. At Southern Oaks, our goal is to help you guide you through that process. Contact us today.

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. 

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