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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Default Adopting Stepsons Without Bio Mother's Consent

    We are in Louisiana. My stepsons' mother left them when they were babies and has not had any contact since. They are now ages 16 & 15. I have been married to their father for 10 years and have been raising them as my own.
    I would like to legally adopt them, but we do not know where their mother is. How difficult will this be if we don't have her consent? We don't have tons of $$ for lawyer fees, etc. so I'm trying to do as much research on my own as possible.

    Thanks in advance!

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Adopting Stepsons Without Bio Mother's Consent

    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.

    --------------

    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.
    --------------

    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.
    I would not advise you attempting to do this without some legal guidance. Also, the children are almost adults, so you may consider adopting them once they become adults, as this could be an easier and cheaper procedure.

    Consult with an attorney and discuss your options.

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