Louisiana Petition for Intrafamily Adoption

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State:
Louisiana
Control #:
LA-5008
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Word; 
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Description

This is an example of a Petition for Intrafamily Adoption, filed pursuant to La. Ch.C. Article 1246. In this case, the petitioner is the stepparent of the minor child being adopted. The petition describes the circumstances of the case and states that all conditions for the adoption have been met. The court is requested to set a hearing date, change the surname of the child to that of the adoptive parent and enter a final decree of adoption pursuant to La. Ch.C. Article 1255. An attached order sets a hearing date and orders the La. Dept. of Social Services to review the case and submit a confidential report pursuant to La. Ch.C. Article 1252.
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Key Concepts & Definitions

Intrafamily adoption refers to the process where a child is legally adopted by a relative, which can include grandparents, aunts, uncles, or stepsiblings. This process is governed by state law in the United States, which aims to provide the child with a stable familial atmosphere and continuity in family relationships.

Step-by-Step Guide

  1. Assess Eligibility: Confirm that the adoption falls within the legal definitions of intrafamily adoption as per your states laws.
  2. Consult an Attorney: Seek legal advice to understand the process, paperwork, and any potential legal pitfalls.
  3. File a Petition: Submit a petition for intrafamily adoption in the family court of the county where the child resides.
  4. Home Study: Complete a home study as required by your state. This includes visits and interviews to assess the living situation and the capability of adoptive parents.
  5. Court Hearing: Attend a court hearing, where the judge will review the adoption petition, home study report, and any other relevant documents.
  6. Finalization of Adoption: If approved, the judge will issue an order of adoption, legally recognizing the adopter as the parent.

Risk Analysis

  • Legal Risks: Non-compliance with specific state laws might invalidate the adoption process.
  • Emotional Risks: Intrafamily adoptions can involve complex family dynamics and emotional responses that could impact the child and other family members.
  • Financial Risks: There are financial costs associated with the legal process, including attorney fees, court costs, and sometimes the home study.

Common Mistakes & How to Avoid Them

  • Failing to Secure Proper Legal Counsel: Always consult with a lawyer who specializes in family law to ensure all legal requirements are met.
  • Overlooking State-Specific Laws: Each state has different laws regarding intrafamily adoption. Make sure you understand the laws applicable in your state.
  • Underestimating Emotional Complexities: Prepare all family members for the emotional highs and lows that might accompany the adoption process.

How to fill out Louisiana Petition For Intrafamily Adoption?

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FAQ

Check out your state adoption laws. Contact the court in your county that handles adoptions. Obtain required legal forms. Submit required legal paperwork. Await notification of a court hearing date. Appear at the hearing. Finalize the adoption. Apply for amended birth certificates.

Another way to have a stepparent adoption without the consent of the other biological parent is if the parent has abandoned the child. For abandonment, the parent must have not paid child support or contacted the child for a certain period of time, usually a year.

Under the law of Louisiana it is clear that a person who is adopted retains the right of inheritance from blood parents and other blood relatives.

A relative adoption, sometimes also referred to as a kinship adoption, is when an adult adopts an eligible family member.This family member becomes the child's legal parent, but the child's birth mother will still be able to remain an active part of the child's life.

Only under special circumstances can a stepparent adopt their stepchild without the consent of the non-custodial parent. If a non-custodial parent provides no support or makes any contact with a child for at least six months, that is the same as waiving parental rights in the eyes of a Louisiana court.

Louisiana Adoption - $325. Now you can complete your stepparent adoption in Louisiana without having to pay high attorney fees. We make it possible to file and your own adoption.

An adoptive parent may appeal any State or county agency's decision affecting their child's adoption assistance. To do so, the parent must submit a written request to the state or county agency handling their adoption assistance agreement to initiate the process.

If you want to adopt a stepchild, you must have the consent (or agreement) of both your spouse and the child's other parent (the noncustodial parent) unless that parent has abandoned the child.Some State adoption laws do not require the other parent's consent in some situations, such as abandonment.

Intrafamily adoption is the adoption of a child by a step parent or relative. Intrafamily adoption includes: Step parent adoption - where the partner (married or de facto) of the custodial parent (parent caring for the child) applies with their partner to adopt the child in their care.

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Louisiana Petition for Intrafamily Adoption