There are three common types of adoptions in Louisiana: adult adoptions, intra-family adoptions and adoptions by adults of an unrelated minor child. An adult major person (older than 18 years of age or an emancipated minor) may be adopted by another major person(s). The procedure to execute an adult adoption is far less complex and lengthy, involving the execution of a notarial act by the adopted and adopting person(s) signed before a notary public. This notarial act is recorded in the parish where the adopted person and adoptive parents are domiciled.
The process of a major person(s) adopting a minor unrelated child is a lengthy and complex legal procedure. A Surrender by the biological parent is executed or parental rights are terminated. A lawsuit is filed with the appropriate court. A home study is performed by the appropriate social service department or private agency. A hearing is held before the judge and a judgment is rendered.
Intra-family adoptions involve the adoption of a child by a step parent or other closely related family member. In an intra-family adoption, a surrender or consent by the biological parent surrendering parental right is executed. A lawsuit is filed with the appropriate court. A home study is performed by the appropriate social service department. A hearing is held before the judge and a judgment is rendered.
If the child to be adopted is living in different state than the adopting parent, it may also be necessary to comply with the provisions to the Interstate Compact on the Placement of Children which has specific requirements of the placement, child and adoptive parents be complied before a child can be removed from that state.
Adoption law is a very specialized legal field. There are very specific and lengthy legal requirements that must be met in every case. If these requirements are not met, an adoption placement proceeding may be dismissed, denied, or may be subject to contestation by a biological parent. Not all attorneys practice in the specialized field of adoption law. It is important to consult with and retain an attorney that specializes in adoption law to ensure that all requirements are met.
At our initial office conference, you will be interviewed by an attorney to provide our office with accurate information regarding your potential case. An attorney will discuss and make recommendations regarding the above legal issues as well as give you an estimate on fees and costs.
If you decide to retain our firm and our firm accepts your case, a written contract shall be executed If an adoption matter is uncontested and non-problematic, normally a flat fee will be charged in advance of any work. If a adoption matter is contested or problematic, a retainer will be charged in advance of any work. The attorney will then bill you on an hourly basis from said retainer. Estimated court costs will be required to be paid in advance as well.