CHAPTER 11. INTRAFAMILY ADOPTIONS
Art. 1243. Persons who may petition for intrafamily adoption
A. A stepparent, stepgrandparent, great-grandparent, grandparent, aunt, great aunt, uncle, great uncle, sibling, or first cousin may petition to adopt a child if all of the following elements are met:
(1) The petitioner is related to the child by blood, adoption, or affinity through a parent recognized as having parental rights.
(2) The petitioner is a single person over the age of eighteen or a married person whose spouse is a joint petitioner.
(3) The petitioner has had legal or physical custody of the child for at least six months prior to filing the petition for adoption.
B. When the spouse of the stepparent or one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.
C. For purposes of this Chapter "parent recognized as having parental rights" includes not only an individual enumerated in Article 1193, but also:
(1) A father who has formally acknowledged the child with the written concurrence of the child's mother.
(2) A father whose name or signature appears on the child's birth certificate as the child's father.
(3) A father, if a court of competent jurisdiction has rendered a judgment establishing his paternity of the child.
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Art. 1245. Parental consent not necessary
A. The consent of the parent as required by
Article 1193 may be dispensed with upon proof of the required elements of either Paragraph B or C of this Article.
B. When a petitioner authorized by Article 1243 has been granted custody of the child by a court of competent jurisdiction and any one of the following conditions exists:
(1) The parent has refused or failed to comply with a court order of support without just cause for a period of at least six months.
(2) The parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months.
C. When the spouse of a stepparent petitioner has been granted sole or joint custody of the child by a court of competent jurisdiction or is otherwise exercising lawful custody of the child and any one of the following conditions exists:
(1) The other parent has refused or failed to comply with a court order of support without just cause for a period of at least six months.
(2) The other parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months.
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Art. 1246. Intrafamily adoptions; petition; contents; form
The petition shall be styled: "In re _________________, Applying for Intrafamily Adoption." The petition or an attached exhibit shall state:
(1) The full name, address, age, occupation, and marital status of each petitioner.
(2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded.
(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.
(4) If known, the name of every parent whose consent to the adoption is required pursuant to Article 1193(1) and (2) and proof of their consent, or the name of every parent and the reason such consent is not required as authorized by Article 1245.
(5) The diligent efforts made in accordance with Article 1135(B), if the alleged father of the child is unknown, which establish that his rights should be terminated in accordance with Article 1135(A).
(6) The date and circumstances under which the child entered the home of the petitioner.
(7) Any relationship existing between the petitioner and the child.