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How does the adoption process work in Louisiana?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

Louisiana adoption law lives in the Children's Code Titles XI (private adoption) and XII (agency adoption), with proceedings in District Court or Juvenile Court.

1. Types of Adoption

  • Agency adoption (La. Ch.C. art. 1198) through DCFS or a licensed Louisiana agency.
  • Private (intrafamily and other) adoption under Title XII (art. 1221 et seq.).
  • Intrafamily/step-parent adoption (art. 1243).
  • Adult adoption (La. C.C. art. 212).
  • International adoption (Hague).

    • 2. Petitioner Eligibility

    Under La. Ch.C. art. 1170, a single person 18 years or older or a married couple jointly may adopt. The petitioner must be domiciled in Louisiana. Non-residents may adopt only through specific agency or international processes.

    3. Consent Requirements

    Under La. Ch.C. art. 1130, a parent's voluntary act of surrender cannot be signed earlier than the 5th day after the child's birth. The act must be executed before a notary and two witnesses, with full advisement of consequences. Once executed, the surrender is irrevocable absent proof of duress or fraud in a timely action (typically 90 days).

    4. Home Study

    A pre-placement home study under La. Ch.C. art. 1228 (private adoption) or art. 1207 (agency) is required and conducted by a licensed Louisiana agency or court-approved evaluator. Intrafamily and step-parent adoptions may be exempt unless the court orders one.

    5. Termination of Parental Rights (TPR)

    Voluntary via act of surrender. Involuntary TPR under La. Ch.C. art. 1015 for grounds including abandonment, child in state custody for 17+ of 22 months, parental incapacity. Interstate placements require ICPC under La. Ch.C. art. 1607. ICWA (25 U.S.C. § 1901) applies to tribal-eligible children.

    6. Finalization Hearing

    The court holds the final adoption hearing typically 6 months after placement (La. Ch.C. art. 1255 / 1242). The court enters the Final Decree of Adoption, and the State Registrar issues a new birth certificate (La. R.S. 40:76).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Act of surrender challenged on fraud or duress grounds
    • Putative-father registry compliance under La. Ch.C. art. 1138
    • Contested involuntary TPR under La. Ch.C. art. 1015
    Related Statutes & Laws
    • La. Ch.C. art. 1167 et seq.
    • La. Ch.C. art. 1130
    • La. Ch.C. art. 1228
    • La. Ch.C. art. 1607 (ICPC)
    • 25 U.S.C. § 1901 (ICWA)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.