Adoption in Louisiana is shaped by a set of state laws designed to protect and support everyone involved — from birth mothers making a courageous decision, to hopeful adoptive families preparing to grow, to adoptees seeking understanding about their personal story. Whether you’re considering adoption for the first time or trying to understand how the law applies to your situation, this guide offers clarity, direction, and reassurance.

Knowing your legal rights and responsibilities helps ease uncertainty and brings confidence to a process that is deeply emotional and often complex. Louisiana’s adoption laws provide structure and safeguards at every stage of the journey, ensuring that every child is placed in a safe, loving, and permanent home.

In the following sections, we break down the law based on your role — whether you’re a birth mother, an adoptive parent, or an adoptee — to give you clear answers to your most important questions.

Have questions about the adoption process in Louisiana? Start Here

For Birth Mothers: Your Legal Rights and Options

Can I choose adoption for my baby?

Yes. Louisiana law fully protects your right to place your baby for adoption. This decision is yours alone and must be made without pressure or coercion. Later, a judge will review and confirm that your choice was voluntary and made in the best interest of your child.

Whether you choose to work with a licensed adoption agency or proceed independently, the legal process stays the same to protect your rights throughout. (La. Ch. Code art. 1101 et seq.)

When can I place my baby for adoption?

You can start planning for adoption at any time during pregnancy. Louisiana law sets specific rules for when legal consent can be given. In an agency adoption, a birth mother may sign consent three days after the child's birth. In a private adoption, she must wait until five days after birth. A birth father can give consent at any point.

Consent becomes final and irrevocable upon signing, or five days after birth for a birth father who signed earlier. It can only be challenged in cases of fraud or duress, and such a challenge must be filed within 90 days of signing or before the adoption is finalized — whichever happens first. (La. Ch. Code art. 1122)

Can I get my baby back after adoption?

After you sign consent and the court approves it, the adoption is generally final and irrevocable. This means you won’t be able to change your mind later unless there is clear proof of fraud or coercion. That’s why it's so important to feel confident and informed before you sign.

You can access counseling, legal advice, and support at every step to help you make the decision that feels right for you. (La. Ch. Code art. 1123)

Do both birth parents have to sign?

In most cases, yes. Both the birth mother and birth father are required to provide legal consent before an adoption can move forward. However, if one parent is deceased, unknown, or has had their rights legally terminated, that parent’s consent may not be necessary.

Unmarried fathers must register with the Putative Father Registry in order to preserve their right to be notified and to participate in the adoption process. Failing to register could result in the loss of those rights. (La. Ch. Code art. 1137)

Can I receive financial help?

While you cannot be paid to place your baby for adoption, Louisiana law permits adoptive families to cover reasonable living expenses related to your pregnancy. These may include costs for rent, food, utilities, transportation, medical bills, maternity clothing, and legal services.

All payments must be documented, reviewed, and approved by the court to ensure they are ethical and not coercive. This support can ease financial stress while allowing you to focus on making the best decision for your child. (La. Ch. Code art. 1200.6)

Can I choose the adoptive parents?

Yes. You have the right to select the adoptive family for your child. Agencies provide you with detailed family profiles, and you can meet prospective parents before making your decision. This helps ensure you feel comfortable and confident in your child’s future. Learn More

Can someone from out of state adopt my baby?

Yes. Families from outside Louisiana can adopt, but the placement must follow the Interstate Compact on the Placement of Children (ICPC). This agreement ensures both states approve the placement and protect the child’s welfare. Our agency coordinates this process for you. (La. Admin Code V-7317)

Can I do an adoption without an agency?

Yes. Independent adoptions are allowed in Louisiana, but they must still comply with all state legal requirements. This includes completing a home study, undergoing background checks, and receiving court approval.

Since independent adoptions do not involve a licensed agency, the legal process can be more complex. That’s why it’s highly recommended to work with an experienced adoption attorney who can guide you through the required steps and ensure everything is handled correctly. Learn more here.

Can my spouse or a relative adopt my child?

Yes. Louisiana allows stepparent and relative adoptions, provided all legal criteria are met. This process typically includes a home study, background checks, and the consent of the child’s other birth parent, unless their rights have already been terminated.

In some cases, the court may waive certain requirements, especially when the adoption is legally determined to serve the child’s best interest. (La. Ch. Code art. 1243)

Can I place my baby anonymously?

Yes. Under Louisiana’s Safe Haven Law, you may leave your infant (under 60 days old) at designated safe locations such as hospitals, fire stations, police stations, or EMS facilities without facing legal consequences.

This law offers a safe, anonymous option for parents in crisis who are unable to care for a newborn. No questions are asked, and you will not face legal repercussions for making this choice. These protections do not apply if your child has been harmed. (La. Ch. Code art. 1149)

Can I stay in contact with my child?

Yes. Many adoptions are open or semi-open, and you can maintain communication through letters, photos, or in-person visits, based on what is agreed upon with the adoptive family.

A Post-Adoption Contact Agreement (PACA) outlines the type and frequency of contact and helps ensure that everyone has a shared understanding. In Louisiana, PACAs are legally enforceable when filed in court. (La. Ch. Code art. 1269.7)

Agencies often facilitate the creation of these agreements to ensure that expectations are clear and all parties are supported. They can also provide long term logistical support, like passing communication along or helping schedule video calls or in-person visits. Learn more here.

What if my child is Native American?

The Indian Child Welfare Act (ICWA) applies to adoptions involving children who are tribal members or eligible for tribal membership. This federal law requires that notice be given to the child’s tribe and gives preference to adoptive placements that maintain the child’s connection to their culture and community.

If you believe your child may be eligible under ICWA, you should notify your adoption professional early and share any relevant tribal documentation. This helps ensure proper compliance with federal law and supports the child’s right to grow up with access to their heritage. (25 U.S.C. § 1915)

What rights do I have after the adoption?

Once the adoption is finalized, you no longer have legal parental rights or responsibilities, including custody or decision-making authority.

However, if you have an open adoption arrangement in place, you may still maintain contact with your child depending on the terms agreed upon. Emotional support and post-placement counseling are also available through many agencies to help you process this transition and receive ongoing care. Learn more here.

For Adoptive Families: Building Your Family in Louisiana

Who can adopt?

In Louisiana, single adults and married couples, including LGBTQ+ individuals, are eligible to adopt a child. The state does not impose restrictions based on marital status, gender identity, or sexual orientation.

Instead, the focus is on whether the individual or couple can provide a safe, stable, and nurturing home environment. This inclusive approach is codified, meaning state law ensures equal treatment for all qualified adoptive applicants. (La. Ch. Code art. 1198)

What are the age and eligibility requirements?

Adoptive parents must be at least 18 years old to begin the adoption process in Louisiana. In addition to meeting the age requirement, they must demonstrate financial responsibility and the ability to provide a safe, loving, and stable home. (La. Ch. Code art. 1198)

Applicants are also subject to comprehensive background checks and must successfully complete a home study conducted by a licensed provider. These steps ensure that prospective adoptive families are prepared to meet the lifelong needs of an adopted child. (La. Ch. Code arts. 1171–1173)

In addition, some agencies have their own requirements. for example, some agencies may want adoptive parents to be 21 or older, or attend a parenting class. If you plan on adopting through an agency, be sure to ask about agency-specific requirements. Learn More.

What is a home study?

A home study is a required evaluation that all prospective adoptive families must complete before adopting in Louisiana. Conducted by a licensed social worker, the process includes interviews with all household members, home visits, background checks, and reference evaluations.

The purpose is to assess the safety, stability, and emotional readiness of the home environment to ensure it is appropriate for a child. A completed and approved home study is necessary before finalizing any type of adoption in the state. (La. Ch. Code arts. 1171–1173)

We can help you prepare for your home study by guiding you through each requirement in advance. Our specialists will explain what to expect during interviews, assist with paperwork and documentation, and help you make any necessary changes to your home environment.

We also connect you with licensed social workers and provide coaching so you feel confident and ready when your home study begins. Learn More.

What are the steps to adopt in Louisiana?

Step 1: Choose a licensed adoption agency or attorney
Choose a licensed adoption professional to guide you through Louisiana’s legal and emotional adoption steps. They'll explain your options, help prepare paperwork, and ensure state compliance. Learn more.

Step 2: Complete your home study and background checks
A licensed social worker will assess your home, speak with household members, and run background checks to confirm it's safe and prepared for a child. Learn more.

Step 3: Submit your application and legal documents
You'll submit financial, medical, and personal details along with references and legal forms. Your adoption professional will help organize and file these documents. 

Step 4: Get matched with a birth parent or waiting child
Your agency will help match you with a birth parent or waiting child based on preferences and needs. This may include reviewing profiles, communicating, and meeting in person. Learn more.

Step 5: Work with the birth parent and agency to prepare for placement
Your agency will help coordinate the hospital and placement plan and may support initial contact with the birth parent in open or semi-open adoptions. Learn more.

Step 6: File your petition for adoption with the court
After placement and consent, your attorney files a petition with the court, initiating the legal process that leads to adoption finalization. Learn more.

Step 7: Complete required post-placement visits
After the child is placed in your home, a social worker will conduct follow-up visits to ensure the adjustment is going smoothly. These reports are submitted to the court as part of the finalization process. Learn more.

Step 8: Finalize the adoption in a court hearing and receive your decree
Once legal and post-placement steps are completed (usually within six months), you'll attend a hearing where the judge finalizes the adoption and legally names you the child’s parent(s). Learn more.

Can we adopt from another state?

Yes. Through the Interstate Compact on the Placement of Children (ICPC), Louisiana families can legally adopt children from other states. Before a child can be placed across state lines, both the sending and receiving states must review and approve the placement. This process ensures that all legal, safety, and welfare standards are met in both jurisdictions.

Your adoption agency or attorney will handle the paperwork, coordinate communication between states, and ensure compliance with all ICPC requirements for a smooth and timely placement. (La. Admin Code V-7317)

Can we advertise to find a birth mother?

Only licensed professionals—such as attorneys or licensed adoption agencies—are legally allowed to advertise for adoptive placements in Louisiana.

If you're a prospective adoptive parent, you should not attempt to advertise on your own. Doing so could violate Louisiana law and put your adoption at risk.

By working through a licensed professional, you ensure that all outreach and matching efforts comply with state laws and ethical standards, protecting everyone involved. (La. Ch. Code art. 1192(3))

What about the birth father’s rights?

A birth father who registers with the Putative Father Registry and actively engages in the child’s life — through emotional support, financial help, or steps to establish paternity — may gain legal standing to contest the adoption.

However, if he fails to register or does not take consistent, meaningful action to parent, the court can move forward with terminating his parental rights.

Registering promptly and showing active involvement are essential to preserving a father's legal rights in Louisiana. (La. Ch. Code art. 1137)

What if birth parents won’t consent?

If a birth parent will not consent to an adoption, the court may still proceed under specific legal conditions.

Consent is not required if the parent’s rights have already been legally terminated. In cases of intrafamily or stepparent adoptions, the court can also waive the need for consent if the parent has not supported, visited, or communicated with the child for at least six months without just cause.

In addition, if an adoption agency unreasonably withholds consent, the court can override that decision—so long as it determines that proceeding with the adoption is in the child’s best interest. (La. Ch. Code arts. 1113; 1193; 1245)

When is an adoption finalized?

Adoptions in Louisiana are typically finalized within six months of the child’s placement.

During this time, a licensed adoption agency or the Department of Children and Family Services (DCFS) must conduct a series of post-placement visits and evaluations.

These include:

• Multiple in-home visits with the adoptive family
• Private visits with the child (if over age one)
• A final in-home visit with both adoptive parents before the court hearing

All findings are compiled into a confidential report assessing the child’s adjustment, family bonding, and overall well-being.

Finalization only takes place after these legal and social steps are completed, ensuring the adoption is safe, stable, and truly in the child’s best interest. (La. Ch. Code art. 1207)

Can a birth mother change her mind?

Yes — but only under very specific conditions. In Louisiana, a birth mother may not legally consent to adoption until the third day after birth for agency adoptions, or the fifth day after birth for private adoptions.

Once the Act of Surrender is executed and accepted by the court, that consent becomes final and irrevocable — except in cases of proven fraud or duress, or if the adoption cannot be completed. Legal requirements ensure that the parent has received counseling, understands the irrevocable nature of the decision, and is voluntarily relinquishing their rights.

It's critical to fully understand this timeline and seek legal counsel before signing any surrender documents. (La. Ch. Code art. 1122)

Will our names be on the birth certificate?

Yes. A new amended birth certificate will be issued by the Louisiana Vital Records office, listing the adoptive parents as the child’s legal parents.

This amended certificate replaces the original birth certificate and becomes the child's official legal record. It serves as proof of parentage and establishes the adoptive family’s legal rights.

As part of finalization, you can also request a legal name change for the child to reflect their new family identity. The amended certificate carries the same legal status as one issued at birth. (LA RS 40:73)

What legal rights do adoptive parents receive?

Upon finalization, adoptive parents in Louisiana gain full legal status as the child's parents.

They receive all rights and responsibilities identical to those of biological parents. This includes making decisions about the child's education, health care, and overall welfare, as well as granting inheritance rights.

The adoptive relationship is permanent and legally binding. Adoptive parents cannot disown or relinquish their rights without court intervention. These protections are firmly established under Louisiana law. (La. Civ. Code art. 214) Source

Is an open adoption agreement enforceable?

A Post-Adoption Contact Agreement (PACA) may be legally enforceable in Louisiana, but it must meet specific requirements.

To be valid, the PACA must be included in the final adoption order and explicitly approved by the court. This ensures that the agreement becomes part of the legal record and offers a framework for ongoing contact between birth and adoptive families.

If the court finds the PACA is in the child’s best interest, it may enforce the agreed-upon terms—such as letters, photos, or visits—helping maintain a meaningful connection post-adoption.

Importantly, if a PACA existed at the time of adoption but was not formally recognized by the court, either party may later ask the court to retroactively acknowledge the agreement. Whether this is granted depends on the specific circumstances and supporting evidence. (La. Ch. Code art. 1269.3)

Does ICWA apply to private adoptions?

Yes. Even in private or independent adoptions, ICWA (Indian Child Welfare Act) still applies if the child has Native American heritage.

This federal law mandates that the child’s tribe be formally notified of the adoption proceedings. It also prioritizes adoptive placements with extended family members, tribal members, or other Native American families.

These legal safeguards are designed to preserve the child’s cultural identity and ensure that tribal traditions, rights, and relationships are honored throughout the adoption process. the adoption process. (La. Ch. Code art. 624.1)

What post-adoption support is available?

Families may access counseling services, medical background information, and adoption subsidies for children with special needs through the Louisiana Department of Children & Family Services.

These resources are designed to support adoptive families both immediately after placement and in the years to come. Counseling can help families navigate emotional transitions. Access to medical and genetic history supports informed health decisions. Financial assistance may be available for qualifying families—especially when adopting children with physical, emotional, or developmental needs.

Adoption agencies also provide post-placement support well beyond finalization. This includes licensed counseling, guidance on medical disclosures, and help managing open adoption contact agreements. Their ongoing availability offers reassurance and expert guidance as new questions or challenges arise.

For Adoptees: Learning About Your History

If you were adopted in Louisiana, you may have the right to request non-identifying information about your birth parents, medical history, and background. In some cases, you may also be able to request access to your original birth certificate, depending on the circumstances and agency involvement.

Our agency can help guide you through the steps to request your records or provide support if you’re seeking to reconnect with your birth family. Learn more about your rights and available resources here.

What’s Next?

Speak with Experts Now — If you're considering adoption or have questions, we're here to help. Call today or complete our contact form to schedule a free, confidential consultation.

Need More Information? Start Here
Explore Louisiana Adoption Laws Further Here

Disclaimer
Information available through these links is the sole property of the companies and organizations listed therein. American Adoptions provides this information as a courtesy and is in no way responsible for its content or accuracy.