Legal Requirements, Costs, and Timelines for Adult Adoption in Louisiana

Adoption is not just for young children. Many families in Louisiana choose to formalize deep, lifelong bonds long after a child turns eighteen. Whether you want to legally adopt a former foster child who aged out of the system, or you are a stepparent who raised a child from a young age but could never secure the biological parent's consent, adult adoption offers a beautiful, legally binding solution.

Unlike adopting a minor, the adult adoption process in Louisiana is remarkably straightforward and avoids invasive home studies, background checks, and contentious custody battles. Because the adoptee is a legal adult, the biological parents have no say in the matter. However, creating a new legal parent-child relationship has profound implications on property rights, successions, and estate planning. To ensure the paperwork is flawless and your family's financial future is protected, it is highly advisable to use our US Lawyer Directory to find a skilled Louisiana family law or estate planning attorney.

Step-by-Step Process in Louisiana

Adult adoption in cities like Lafayette, Monroe, and New Orleans heavily relies on specific notarial acts rather than long, drawn-out juvenile court battles.

Step 1: Drafting the Authentic Act

The core of an adult adoption is a customized legal document known as an authentic act of adult adoption executed pursuant to La. Civ. Code art. 1833 and La. Civ. Code art. 213. Rather than using a standardized blank form, your attorney or notary will draft this formal juridical act explicitly stating that the adoptive parent intends to adopt the adult, and the adult consents to the adoption.

Step 2: Signing Before a Notary and Witnesses

Both the adoptive parent and the adult being adopted must sign the authentic act in the physical presence of a licensed Louisiana Notary Public and two independent witnesses.

Step 3: Obtaining Spousal Concurrence

Under La. Civ. Code art. 213, if either the adoptive parent or the adult adoptee is married, their spouse must sign the authentic act for the purpose of concurrence. The lack of spousal concurrence renders the adoption absolutely null. However, this concurrence does not establish a legal relationship of parent and child between that spouse and the adoptee.

Step 4: Judicial Authorization or Conveyance Recordation

Under La. Civ. Code art. 212 and La. R.S. § 9:463, the procedure depends on whether the adoptive parent is a stepparent. For a stepparent adopting an adult stepchild, no judicial authorization is required; the authentic act is simply filed for registry with the clerk of court in the conveyance records. In all other adult adoptions, the parties must file a joint petition in the local district court, such as the 19th Judicial District Court, Baton Rouge or the Civil District Court for the Parish of Orleans, New Orleans. Following a hearing to ensure the adoption serves the best interests of both parties, the judge issues a Judgment of Adoption, which is recorded alongside the authentic act under La. Civ. Code art. 214.

Step 5: Amending the Birth Certificate

Once the authentic act is registered or the judgment is signed, the clerk of court or your attorney transmits the documentation to the Louisiana Bureau of Vital Records and Statistics, New Orleans to officially amend the adult adoptee's birth certificate and legally change their last name, if requested.

Adopting a Former Foster Child Over 18

When a foster child turns 18 in Louisiana, they legally 'age out' of the Department of Children and Family Services (DCFS) system. For many foster parents, the emotional bond remains, but they were unable to finalize the adoption previously due to red tape or a biological parent refusing to surrender their rights. Adult adoption allows foster parents to permanently claim their former foster child as their own. Because the child is now an adult, DCFS is no longer involved, and the biological parents' rights are entirely irrelevant. Because a former foster parent is not a stepparent, La. Civ. Code art. 212 requires filing a joint petition and securing judicial authorization after a best-interest hearing, giving the former foster child permanent legal next-of-kin status.

Adult Stepchild Adoptions

Adult stepchild adoptions are incredibly common in Louisiana. Often, a stepparent helps raise a child for a decade, but the non-custodial biological parent refuses to consent to a minor intrafamily adoption. The day the stepchild turns 18, that biological parent's veto power completely evaporates. Under La. Civ. Code art. 212, adopting an adult stepchild is uniquely permitted without judicial authorization. The stepparent and adult stepchild execute an authentic act with required spousal concurrence and record it directly in the parish conveyance records, granting full legal recognition as a parent without the need for court petitions or judicial hearings.

How Adult Adoption Impacts Forced Heirship in Louisiana

Louisiana has a unique inheritance system heavily influenced by French civil law, most notably the concept of 'forced heirship.' Under La. Civ. Code art. 1493, forced heirs are children of the deceased who are under the age of 24, or children of any age who are permanently incapacitated. By legally adopting an adult, you grant them the exact same inheritance rights as a biological child. If you adopt an 18-year-old, they instantly become a forced heir until they turn 24, meaning they are legally entitled to a portion of your estate, and you cannot completely disinherit them during those years without very specific legal cause. Furthermore, in cases like Succession of Thomson, 60 So. 2d 411 (LA Supreme Court 1952), courts emphasize that an adopted adult is fully integrated into the adoptive family's succession lineage. This drastically alters how your property will be divided if you die without a will.

How Much Does it Cost in Louisiana?

Adult adoptions are highly cost-effective because they avoid the expensive background checks, home studies, and litigation involved in minor adoptions.

How Long Does the Process Take?

Because there is no waiting period to terminate biological parental rights, an adult adoption moves very quickly. Once the authentic act is signed and filed with the local district court, a judge will typically review and sign the Judgment of Adoption within 4 to 8 weeks, depending entirely on the court's current backlog.

Frequently Asked Questions (FAQ)