Intrafamily adoption is one of the four avenues of adoption in Louisiana. It occurs when a person adopts a family member. Since “intra” means within, the purpose of (intra)family adoption is to maintain family unity. To obtain this kind of adoption, the petitioner-family member must meet three requirements: he/she must (1) be related by blood or marriage to the parent with parental rights to the child; (2) be over the age of eighteen years old; and (3) have had legal or physical custody of the child for six months prior to filing the petition for adoption.
How does the legal process begin?
After seeking legal services, your adoption attorney will ensure you meet the above-mentioned requirements. Assuming all elements are met, the attorney will then gather all the information necessary for the petition for adoption. Typically, the “family tree” is discussed to consider the relationships involved in your situation. This includes information concerning whether the biological parents were married when the child was born. Lastly, the attorney will inquire into the personal details on each petitioner and the child as well as how the child entered the home.
What documents are needed?
The following documents are imperative in an intrafamily adoption:
- The child’s birth certificate;
- The Petitioner’s marriage license;
- Divorce decrees of Petitioner’s;
- Death certificate(s) from any prior spouses of Petitioner’s; and
- Custody orders regarding the child.
If the child was born outside of a marriage, additional information may be necessary.
Other information relevant in the petition for adoption:
Louisiana law requires certain people to consent to an intrafamily adoption. Consequently, included in the petition for adoption should be the names of each person who consents to the adoption. If, however, a person does not consent, it is incumbent to explain the reason for which their consent is not necessary.
What happens after the petition for adoption is filed?
Once the petition for adoption is filed in the appropriate jurisdiction, the clerk of court will effect service on every parent whose consent to the adoption is required and whose parental rights have not been terminated. Together with service is a notice. This notice is extremely important because it allows the parent whose parental rights are being terminated to oppose the petition for adoption. However, if the parent whose rights are being terminated does not respond within the requisite timeframe, they will lose their opportunity to object to the adoption. Therefore, the opposing parent is only allowed to object to the adoption if they file a timely answer to the petition for adoption.
Depending on whether an opposition is filed into the record determines when the court can hear the adoption matter. If there is no opposition, the hearing will be held within 60 days of the filing of the petition. If there is any opposition, then the hearing will be held within 90 days of the filing of the petition. After the hearing, a final decree of adoption may be entered by the court. Thereafter, the adopted child’s name may be changed to reflect the surname of the adopting parent.
If you are interested in intrafamily adoption or want to learn more about your rights in the adoption process, speak with an adoption attorney.
Attorneys focused on Adoption Law at Hudson, Potts & Bernstein, L.L.P.:
