A Complete Guide to Adoption in Louisiana

If you’re looking to adopt in the Bayou State, you’ve come to the right page. Louisiana is a state with fairly straightforward adoption laws, but there are still complex parts with several legal hurdles to clear. 

Below, we’ll provide a comprehensive guide to adoption in Louisiana. We’ll cover Louisiana adoption laws, how to find a local agency or adoption attorney, and the various paths available to you if you want to become an adoptive parent. We’ll also provide resources for birth mothers, as unlike some other states, Louisiana doesn’t let you revoke your consent to an adoption once you give it. 

Louisiana Adoption Laws at a Glance

Here’s a brief look at adoption laws in Louisiana. For more detailed information, check out the “deeper look” section later in our guide. 

Who Can Adopt?	In Louisiana, you must be at least 18 years old to adopt.
Residency Requirements	In general, you must be a Louisiana resident to adopt within the state.
Marital Status	Marital status does not play a legal role in Louisiana adoptions; however, although there are no rules against LGBTQ+ adoptions, there can be legal complexities involved.
Birth Mother Consent	In Louisiana, a birth mother can’t give consent by signing adoption papers until 72 hours after her child’s birth.
Revocation Period	In Louisiana, once you give consent to an adoption, you can’t revoke it.
Birth Father Rights	Unmarried birth fathers in Louisiana should register with the state’s Putative Father Registry to make sure they get notified of adoption proceedings.

Adoption laws are complex. This is a summary for informational purposes only. Please consult with a qualified Louisiana adoption attorney for legal advice.

Paths to Adopting a Child in Louisiana

While each family’s journey is unique, there are three main paths toward adoption in Louisiana:

Private Infant Adoption

Private infant adoption involves working with a licensed agency or adoption attorney to adopt a newborn. The process often starts with an orientation — sometimes available virtually — after which you can submit an application. To qualify for adoption in Louisiana, you must complete state and federal background checks, as well as extensive training and a home study process that involves interviews. 

If the agency or state approves your application, you can often create a profile that birth mothers can use to get to know you. If a birth mother selects your family, the agency will tell you that you have a match, which you can approve or deny. In an open adoption, the birth mother often selects the adoptive family, while in a closed adoption, the agency plays a larger role in making the match. 

Adopting from Foster Care

Adopting through foster care involves legally adopting a child whose birth parents have had their parental rights terminated by the state. Adopting through foster care involves some similar steps to private infant adoption, including pre-service training, background checks, and a home study. 

In many cases, adopting through foster care involves adopting older children, not newborns. There is also a greater need for parents who can adopt sibling groups and children with special needs. 

Stepparent or Relative Adoption

Stepparent or relative adoption in Louisiana is classified as intrafamily adoption. The most common cases are stepparents adopting the children of their spouses.  

In Louisiana, the process is somewhat streamlined compared to adopting through foster care or an agency, but there are still legal requirements you must meet. The process involves filing a petition, a home study, and an evaluation of the relationship between the child and your spouse’s ex, if they are alive. The process also usually involves a hearing to determine what’s in the child’s best interest. 

A Deeper Look at Louisiana Adoption Laws

Here is a more detailed look at various adoption laws in Louisiana:

Who is Eligible to Adopt in Louisiana?

In Louisiana, most people who are at least 18 years old are eligible to adopt. There are no laws that govern marital status in terms of Louisiana adoptions, so you can be married, single, widowed, or separated and still apply to adopt. That said, some Louisiana LGBTQ+ couples have experienced complications due to certain laws in recent years. 

The state will only approve the adoption if it is in the child’s “best interest.” The state considers several factors when determining best interest, including the ties between the child and the adoptive family and the adoptive family’s capacity to meet the child’s basic food, shelter and medical needs. 

As part of that process, Louisiana requires prospective adoptive parents to complete pre-service training and a home study. 

Birth Parent Consent in Louisiana

Louisiana law requires a 72-hour waiting period before a birth mother can sign adoption papers and consent to an adoption. Those three days are meant to provide a buffer zone to make sure that you are certain of your decision. Unlike in some other states, once you sign your consent in Louisiana you cannot revoke it, so it’s important to make sure you feel good about your adoption plan. 

To protect their parental rights, men who believe they are the father of a child but were not married to the birth mother at the time of conception can register with Louisiana’s Putative Father Registry. This step helps him protect his parental rights and facilitate his participation in the adoption process. 

The Home Study Process in Louisiana

As part of their application to adopt, each prospective adoptive family in Louisiana must complete a home study. Per Louisiana law, a representative of the Department of Children and Family Services (DCFS) or a licensed professional from a licensed adoption agency will conduct this study. 

The process evaluates factors such as the safety and suitability of the home and the financial stability, health, and motivations of the prospective adoptive family. In Louisiana, the process involves at least three visits, including at least one at the home or office. Each age-appropriate member of the family will be interviewed face to face. Potential adoptive parents must also pass state and criminal background checks. 

Find Louisiana Adoption Agencies and Professionals

Start your adoption journey by exploring different agencies operating throughout Louisiana and in major areas like New Orleans and Baton Rouge. 

Statewide and National Agencies Serving Louisiana

• Louisiana Department of Children and Family Services: The official state agency in charge of foster care and adoption in Louisiana. 

New Orleans Area Agencies

• Catholic Charities Archdiocese of New Orleans: New Orleans branch of a national organization providing adoptions, among other services. 
• Volunteers of America Southeast Louisiana: Licensed adoption agency providing counseling, access to medical care and wraparound support for birth mothers and adoptive families. 

Baton Rouge Area Agencies

• Beacon House Adoption Services: Local adoption agency providing counseling and adoption plans to birth mothers. 
• Catholic Charities Diocese of Baton Rouge: Baton Rouge-based branch of a national relief organization offering several services, including adoptions. 
• St. Elizabeth Foundation: Baton Rouge-area agency with more than 30 years of experience that has placed more than 600 children with families. 

Louisiana Adoption Attorneys

Some prospective adoptive parents hire an attorney to help them handle the legal elements of the process. To find an attorney, check out the Louisiana directory from the American Academy of Adoption & Assisted Reproduction Attorneys.

Adopting from Foster Care in Louisiana

As of May 2024, there were an average of 4,100 kids in foster care in Louisiana every day. While the main goal of DCFS is always to reunify kids with their birth parents, the department sometimes determines that it’s not in the child’s best interest to return to their birth family. In those cases, the state terminates parental rights, and the child becomes eligible for adoption. 

Reports vary on how often this happens, but secondary sources estimate that around 150 children in Louisiana’s foster care system are eligible for adoption. 

In Louisiana, foster parents must be at least 21 years old and must complete many of the same requirements as adoptive parents: background checks, pre-service training, and a home study. The state relies on foster parents to provide caring homes during a difficult, transitional period for the state’s youth. DCFS is currently experiencing a shortage of foster homes specifically for teens. 

If relatives are unavailable, by Louisiana law, foster parents have the first opportunity to adopt foster children whose birth parents no longer have parental rights. By Louisiana code, the foster to adopt pathway must meet the following word for word conditions:

• The foster parent(s) are interested in adopting the child.
• An assessment indicates that foster parent adoption is the most desirable permanent plan for the child.
• The child has lived with the foster family for a period of time and the child and family have formed affectionate and healthy ties.
• Removal and placement would be likely to cause lasting emotional damage to the child.
• The foster parent(s) meet certification standards for adoptive homes.

Resources for Expectant Parents in Louisiana

Placing your child for adoption is one of the most challenging decisions a birth mother can make. If you are in Louisiana and navigating this process, just remember you aren’t alone, and there are several resources out there to help you out. 

If you are in the Baton Rouge area or can travel there, Beacon House and the St. Elizabeth Foundation both provide counseling to birth mothers and can help you make an adoption plan or gain access to medical care. Both organizations offer anonymous intake forms, which can remove some of the emotional barriers of reaching out for help. 

In Louisiana, birth mothers can also get some expenses reimbursed by the adoptive families. The $7,500 limit to these reimbursements is higher than in many other states. Birth mothers can receive reimbursements up to 45 days after their child’s birth in the following categories:

• Medical expenses
• Counseling
• Reasonable living expenses like food, utilities, maternity clothing, rent, transportation, and personal hygiene
• Attorney fees and court costs

Sources

• https://www.childwelfare.gov/resources/consent-adoption-louisiana/ 
• https://rowe-lawfirm.com/blog/who-can-adopt-privately-in-louisiana/ 
• https://www.lifelongadoptions.com/lgbt-adoption-resources/lgbt-adoption-laws/louisiana?st_source=ai_mode#:~:text=According%20to%20some%20resources%2C%20Louisiana%20allows:%20*,be%20a%20substitute%20for%20professional%20legal%20advice 
• https://ldh.la.gov/faq/category/128#:~:text=Can%20I%20change%20my%20mind,can%20always%20change%20your%20mind 
• https://www.legis.la.gov/legis/Law.aspx?d=108693#:~:text=(13)%20The%20distance%20between%20the,May%2023%2C%202018. 
• https://www.wafb.com/2024/06/21/dcfs-is-experiencing-critical-shortage-foster-homes-teenagers/ 
• https://ldh.la.gov/page/646 
• https://www.dcfs.louisiana.gov/page/197 
• https://legis.la.gov/legis/Law.aspx?d=72716&st_source=ai_mode#:~:text=In%20Louisiana%2C%20a%20person%20can%20petition%20for,Grandparent%20*%20Collaterals%20within%20the%20twelfth%20degree 
• https://www.globalgrahamlaw.com/new-orleans/family-law/intrafamily-and-stepparent-adoption/ 
• https://louisianafirstfoundation.com/louisiana-fosters-august2022/ 
• https://www.dcfs.louisiana.gov/news/become-a-foster-caregiver#:~:text=The%20Department%20of%20Children%20and%20Family%20Services,for%20children%20by%20becoming%20a%20foster%20caregiver. 
• https://www.childwelfare.gov/resources/regulation-private-domestic-adoption-expenses-louisiana/