West Baton Rouge Parish Intrafamily Adoption Lawyer

West Baton Rouge Parish Intrafamily Adoption Attorney

Many child adoption cases involve adults adopting non-related children, but Louisiana’s intrafamily adoption laws allow family members to adopt relatives if certain conditions are met. Intrafamily adoptions also come with legal complexities and unique challenges that require the help of a knowledgeable legal team. If you are considering adopting a close relative, seek the legal services of a West Baton Rouge parish intrafamily adoption lawyer as soon as possible.

This type of adoption comes with many benefits, including the preservation of familial ties and the joy of giving a child a loving and stable home. At Magnolia Law, our compassionate family attorney can lead you through the legal process of adoption so that you can focus on your familial transition.

How Does Intrafamily Adoption Work?

Louisiana state adoption law allows certain family members to adopt young relatives. A Louisiana court will closely examine many factors before determining if intrafamily adoption serves the best interests of the child. The following relatives are eligible to adopt under this law.

• Stepparent
• Grandparent
• Great-grandparent
• Step-grandparent
• First cousin once removed

Beyond fulfilling the requirement of being closely related, any person seeking to adopt their relative under this law must be 18 or older. The petitioner must show that they have had physical custody of the child for at least six months prior to the filing of a petition for adoption.

What to Expect After Filing for Adoption

Once your West Baton Rouge Parish intrafamily adoption lawyer has filed for adoption on your behalf, the family court will begin the process of determining whether the adoption is in the best interest of the child. This process includes an examination of the petitioner’s home environment.

An individual with the Department of Children and Family Services (DCFS) will speak with family members and the child being adopted. The court investigation will likely examine the relationship between the child and the biological parent or parents, if they are alive, in order to determine how terminating that relationship would affect the child. A court must weigh the strength of that bond against other factors, such as the potential for physical or emotional abuse.

A family court will also determine if the petitioner:

• Can adequately provide for their current children
• Has adequate bedroom space for the additional child
• Can provide a safe home environment for the child
• Is physically and mentally healthy enough to raise a child
• Has adequate income to provide for the welfare of the additional child

Intrafamily adoption hearings are often straightforward once all the background work has been completed. The legal team at Magnolia Law is here to help guide you through every step of that process.

Does the Biological Parent Have to Agree?

In West Baton Rouge Parish, LA, the biological parent does not have to agree for an intrafamily adoption to move forward, although consensus can help the process move more quickly toward resolution. Often, a relative files for intrafamily adoption because the biological parent has neglected, abused, or abandoned the child.

Under state law, parents’ rights can be terminated, allowing an intrafamily adoption to move forward. One reason is that the parent failed to communicate or visit the child without cause for more than six months. Another possibility is that the parent refuses to comply with a court order for a period of six months.

If you have provided housing for a relative for more than six months and the birth parents are not fulfilling their role, we’re here to help. Our esteemed attorney has vast experience in many family law matters and can ensure your adoption process goes as smoothly as possible.

Possible Challenges When Seeking Intrafamily Adoption

In cases when the birth parent consents to intrafamily adoption, complications and setbacks are far less likely. For contested intrafamily adoptions, though, the burden of proof falls on the petitioner to prove that the biological parent’s consent is not required for the adoption to move forward.

If the petitioner did not cooperate with the natural parent’s attempts to visit or communicate with the child, that may provide an example of “just cause” for the biological parent’s defense. In contested cases, petitioners must provide clear and convincing evidence to support their motions for adoption. No matter which side of the adoption process you are on, you can count on our legal team to gather evidence to protect your rights and further your goals.

FAQs

Q: How Do I Adopt My Stepchild in Louisiana?

A: If you are seeking the adoption of your stepchild in Louisiana, a wise first step is to obtain legal representation. Magnolia Law represents clients seeking intrafamily adoptions. We can handle every step of the legal process, from the initial court filing to the final hearing. You may be permitted to adopt your stepchild if you can sufficiently provide for them, if their biological parent has not fulfilled their parental duties, and if you have had the child in your physical custody for at least six months.

Q: How Much Does It Cost to Adopt a Child in West Baton Rouge Parish?

A: Many adoption attorneys bill by the hour, so the total cost of the adoption depends on how long the process takes. When intrafamily adoptions are contested by a biological parent, they will likely be more complex and take longer to complete, meaning the total cost will be higher. Most attorneys will charge between $150 and $500 per hour.

Q: How Do I Adopt a Newborn in Louisiana?

A: The adoption process for a newborn is handled similarly to any intrafamily adoption. There may be specific considerations with a newborn, such as the petitioner’s ability to manage the welfare and well-being of a baby. If you are seeking to adopt a newborn who is related to you, don’t hesitate to contact our West Baton Rouge office today. Our legal team has successfully adopted children of all ages on behalf of petitioners.

Q: Can a Child Be Adopted Without the Father’s Consent in Louisiana?

A: If a parent has not communicated with or visited their child for over six months, another family member may be able to adopt them, even without the consent of the parent. Another factor that could

Contact a West Baton Rouge Parish Intrafamily Adoption Lawyer Today

Adding a new member to the family through intrafamily adoptions can be a joyous occasion for both the child and the adopting relatives. If you have been the guardian of a relative for more than six months, you may be eligible to adopt the child under Louisiana state law. Along the way, the team of Magnolia Law can be there to help you at every point in the process. Begin your adoption by contacting Magnolia Law today.