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step mother adoption

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S

SunshineFB

Guest
What is the name of your state? louisiana...... i don't know if my question falls under family law or adoption law. my husband is having a baby with another woman. the woman has agreed that once the baby is born, my husband and i should take the baby. she wants nothing to do with it. we have agreed that my husband will get full custody of the baby. my question is, since my husband is the biological father, how hard will it be for me to adopt the baby as my own. what is some of the steps that i would have to take?
 


nextwife

Senior Member
Summary of LA Adoption Statute

Louisiana Adoption Statute Summary

Louisiana Revised Statutes Annotated Sections 9:400, Ch.C. Title XII, and 40:74 to 40:79 (1997)

Who Can Adopt?
A single person 18 years of age or older can adopt. A married couple jointly can adopt. If the person seeking to adopt is the stepparent of a legitimate child, the parent does not need to join the adoption petition.

Who Can Be Adopted?
Any person can be adopted.

Consent to Adoption
The following people must consent to the adoption:

1.
both parents, this includes the man who has established paternity, is
alleged/presumed to be the father and has established parental rights, has registered (see Putative Father Registry), or has been otherwise legitimated.

2.
the agency, if the child was surrendered.

Consent is not required:

1.
if the parent is mentally incompetent;

2.
of a noncustodial parent, in the case of stepparent adoptions or grandparent adoptions or family member has custody, when that parent


1.
has failed to provide child support, as ordered by the court,


2.
is not a resident of the State and has failed to provide child support for 1 or more years, or


3.
has failed to communicate or visit with the child for 2 years.

3.
of a parent incarcerated for a felony under specific circumstances. A final decree of adoption may only be annulled upon a finding of fraud or duress and the action must be brought within six months of the discovery of fraud or duress.

Putative Father Registry
A man may register acknowledgment or legitimation of paternity or a judgment declaring paternity with the registry. Filing with the registry entitles the man to parental rights and renders his consent necessary for adoption, except in the cases listed under "consent is not required."

Confidentiality
All adoption hearings are heard in the judge's chambers and records from the proceeding are kept confidential, except upon a court order.

Parents who give up their child for adoption must submit a written statement of their family history to be given to the adoptive parents. This statement must include medical history and ages of biological parents, but will not reveal any identifying information. This statement is given to the adoptive parents upon placement.

There is created within the Office of Human Development of the Department of Health and Human Resources a voluntary registry for the matching of adopted persons and their biological parents. The purpose of the registry is to facilitate voluntary contact between the adoptee and the biological parents. No registration is permitted until 25 years after the birth of the adoptee.

Permissible Fees
The adoption petition to the court will include a statement of fees paid in connection with the adoption. There are a number of fees that are permissible by the court, for example, medical and hospital expenses, reasonable expenses incurred for investigation and home study, and attorney fees.

Place of Adoption Hearing
The hearing may take place in the court of the county where the adoptive parent or the legal guardian resides, where the consent to adoption occurred, or where the termination of parental rights occurred.

Authority To Place Child
The Department of Health and Human Resources, the corresponding agency of any other State, and those private agencies and institutions licensed for the placement of children for adoption by the Department of Health and Human Resources have authority to place a child for adoption.

Relative Adoption
When a grandparent has been granted custody of the child there is a presumption, which can be disputed, that the adoption by the grandparent is in the best interest of the child.

A single or married grandparent, aunt or uncle of the adoptee may ask the court for an intrafamily adoption under certain circumstances.
***************************************************
Talk to an attorney. He will need to either acknowledge paternity, or have dna testing. He may not want to acknowledge paternity until it is known that she is relinquishing her rights and going through with the adoption.
 
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