How long does an adult adoption take in Louisiana?

On the stepparent route there is no court calendar to wait for, so the timeline is however long it takes to draft the act and gather the signatures. Filing it with the clerk within five days of the last signature, legal holidays excluded, backdates the adoption to that signature (R.S. 9:462).

Do birth parents have to agree to a Louisiana adult adoption?

Nothing in Louisiana's adult adoption provisions requires a birth parent's consent, and none of them provides for notice to a birth parent. On the stepparent route the law goes the other way and leaves the relationship of your spouse, and of your spouse's relatives, to the adopted person unaltered (R.S. 9:461).

Do I need a home study for an adult adoption in Louisiana?

No. Louisiana's home study machinery sits in Children's Code Title XII, which is captioned the adoption of children and declares itself the exclusive procedure for adopting children, defined as people under eighteen (Ch.C. arts. 1169 and 1170). Nothing in the adult adoption provisions calls for any investigation.

Can I adopt an adult in Louisiana who is older than me?

Nothing in Louisiana's adult adoption provisions sets an age differential. Those provisions were read in full, and the words older, younger and year do not appear in any of them. The only age condition is that the person being adopted have attained the age of majority (Civ. Code art. 212).

Where is a Louisiana adult adoption filed and recorded?

If a court must authorize it, the action may be brought in the parish where either party is domiciled (C.C.P. art. 74.5). The act itself is then filed for registry with the clerk of court of any parish, who records it in the conveyance records and notifies the vital records registry (R.S. 9:463).

Can the adult I adopt in Louisiana take my family name?

Yes, and it happens inside the act rather than in a court order, because the name of the adopted person may be changed in the act of adult adoption (R.S. 9:465). A new birth certificate is a separate request that requires a district attorney affidavit of no objection (R.S. 40:75).

How does a Louisiana adult adoption affect inheritance?

The adopting parent becomes the parent for all purposes and filiation with the former legal parent is terminated, but the adopted person and that person's descendants keep the right to inherit from the former legal parent and that parent's relatives (Civ. Code art. 199). Review your succession planning before signing.

What happens if a spouse refuses to concur in a Louisiana adult adoption?

The act of adoption without that concurrence is absolutely null (Civ. Code art. 213). Louisiana writes no good cause exception, no separation exception and no incapacity exception into that sentence, and it applies to the spouse of the adopting person and the spouse of the person being adopted alike.

How to Adopt an Adult in Louisiana

Reviewed by DocDraft Legal Team · Louisiana · Last updated October 7, 2026

Some Louisiana adult adoptions are finished at a notary's table rather than in a courtroom, by an authentic act of adoption instead of a court decree. The act makes one adult the permanent legal parent of another, which reaches inheritance, succession planning and next of kin standing. Louisiana puts no categories on who may be adopted: any person who has attained the age of majority, which is eighteen, may be adopted (Civ. Code arts. 29 and 212). What Louisiana restricts is the route. You may skip judicial authorization only when the adoptive parent is the spouse or the surviving spouse of a parent of the person being adopted. Every other adult adoption needs a joint petition and a hearing, and the judge must find the adoption is in the best interest of both parties (Civ. Code art. 212). Both routes run through an authentic act of adoption, signed before a notary and two witnesses (Civ. Code arts. 213 and 1833). The consents are unusual. If either of you is married, that husband or wife signs the act for the purpose of concurrence only. An act without that concurrence is absolutely null, and concurring does not make that spouse a parent. Nobody may sign through a power of attorney (Civ. Code art. 213). You then file the act for registry with the clerk of court of any parish, who records it in the conveyance records (R.S. 9:463). Filing within five days of the last signature backdates the adoption to that signature (R.S. 9:462). Attorney review of your act of adoption is available through DocDraft.

Find out where you stand in Louisiana

Who are you hoping to adopt?

DocDraft provides document preparation, not legal advice.

Who can be adopted as an adult in Louisiana?

Any person who has attained the age of majority, which Louisiana sets at eighteen (Civ. Code arts. 29 and 212). There is no list of qualifying categories, no disability requirement and no prior foster or stepchild relationship test. Louisiana also sets no minimum number of years between the two of you.

When can a Louisiana adult adoption be done without going to court?

Only when the adoptive parent is the spouse or the surviving spouse of a parent of the person being adopted (Civ. Code art. 212). In that situation the adoption is accomplished by an authentic act of adoption before a notary. All other adult adoptions require judicial authorization after a hearing.

Which spouse has to sign a Louisiana act of adult adoption?

Both of them. The spouse of the adoptive parent and the spouse of the person being adopted each sign the act for the purpose of concurrence in the adoption only (Civ. Code art. 213). An act of adoption without that concurrence is absolutely null, and concurring creates no parent and child relationship.

What does recording a Louisiana adult adoption cost?

Clerks of the district courts, acting as ex officio recorders, charge one hundred dollars to file and record a document of one to five pages, and two hundred dollars for six to twenty-five pages (R.S. 13:844). That amount covers indexing up to ten names and one certified copy of the recorded act.

Louisiana adult adoption at a glance

Adopting an adult in Louisiana permanently makes one adult the legal parent of another, so the adopting parent becomes the parent for all purposes (Civ. Code art. 199). Louisiana is a civil law state, and the instrument that does the work is a notarial one: an authentic act of adoption signed before a notary and two witnesses (Civ. Code arts. 213 and 1833). Where the adoptive parent is married to, or widowed from, a parent of the person being adopted, that act alone completes the adoption with no judicial authorization at all. Everyone else files a joint petition and attends a hearing, where the standard is the best interest of both parties (Civ. Code art. 212). A married party's husband or wife must sign the act to concur, or the act is absolutely null.

A Lafayette Parish stepfather who never files a petition

You married Dominique's mother when Dominique was nine, and she is forty one now and wants your surname on her records. Because you are the spouse of her parent, Louisiana lets you skip judicial authorization entirely (Civ. Code art. 212). A notary drafts an authentic act of adoption. You and Dominique sign it before the notary and two witnesses, and the name change goes in the act (R.S. 9:465). Two more signatures are mandatory: your wife, as your spouse, and Dominique's husband, as hers, each sign to concur, because an act missing either concurrence is absolutely null (Civ. Code art. 213). Three days later you record it with the clerk of court for one hundred dollars, which backdates the adoption to the signing date (R.S. 9:462). Attorney review of the act is available through DocDraft.

Relevant Laws

La. Civ. Code art. 212 (adult adoption requirements)

Provides that a person who has attained the age of majority may be adopted without judicial authorization only where the adoptive parent is the spouse or surviving spouse of a parent of the adoptee, and that other adult adoptions need court authorization after a hearing on the best interest of both parties.

La. Civ. Code art. 213 (form of the act, and spousal concurrence)

Requires the adopting person and the adult being adopted to consent in an authentic act of adoption, requires the spouse of each to sign for concurrence only, makes an act lacking that concurrence absolutely null, and bars consent by procuration or mandate.

La. R.S. 9:463 (recordation of the act of adult adoption)

Requires the act, or the judgment with the act where authorization was needed, to be filed for registry with the clerk of court of any parish, directs the clerk to record it in the conveyance records, and requires transmission of indexing information to the vital records registry within two business days.

La. R.S. 9:465 and R.S. 40:75 (name change and the birth certificate)

Permits the adopted person's name to be changed in the act of adult adoption, and provides that an adult adoption has no effect on the birth certificate unless a district attorney affidavit of no objection, a certified copy of the notarial act and the fee are presented to the registrar.

La. Civ. Code art. 199 (effect of adoption on filiation and inheritance)

Provides that upon adoption the adopting parent becomes the parent for all purposes and filiation with the legal parent is terminated except as otherwise provided by law, while the adopted person and that person's descendants retain the right to inherit from the former legal parent and that parent's relatives.

Regional Variances

Louisiana adult adoption rules at a glance

Who may be adopted

Any person who has attained the age of majority, which is eighteen (Civ. Code arts. 29 and 212). Louisiana attaches no categories, no disability gate and no prior relationship test. The restriction is on the route, not on the person.

The two routes

No judicial authorization is needed where the adoptive parent is the spouse or surviving spouse of a parent of the adoptee. Every other adult adoption needs a joint petition, a hearing and a finding that it serves the best interest of both parties (Civ. Code art. 212).

The instrument

An authentic act of adoption, executed before a notary public and two witnesses and signed by each party, each witness and the notary (Civ. Code arts. 213 and 1833). Both routes use it, and in the judicial route the judgment is filed with it.

Age relationship

No age differential. The adult adoption provisions were read in full and contain no occurrence of older, younger or year. Louisiana does not require that the person being adopted be younger than the adopting person.

Consent of the adult being adopted

Required, given in the authentic act of adoption (Civ. Code art. 213). It may not be given by procuration or mandate, so a power of attorney cannot stand in for a signature.

The adopting person's spouse

Must sign the act for the purpose of concurrence only, not as a co-petitioner (Civ. Code art. 213). The concurrence does not establish a parent and child relationship with that spouse. An act without it is absolutely null.

The adoptee's spouse

Carries the same duty in the same sentence: signature on the act for concurrence only, with the same absolute nullity if it is missing (Civ. Code art. 213). Louisiana writes no good cause, separation or incapacity exception.

Birth parents

No consent provision and no notice provision in the adult adoption law. On the stepparent route, the relationship of the parent married to the adopting person, and that parent's relatives, remains unaltered (R.S. 9:461).

Court and venue

Where authorization is required, the action may be brought in the parish of the domicile of either party (C.C.P. art. 74.5). The Children's Code juvenile court route applies to the adoption of a child, not an adult (Ch.C. art. 1180).

Residency

No durational requirement. Louisiana needs only that either party to the adult adoption be domiciled in the state (C.C.P. art. 10). The eight month figure in that provision belongs to the Children's Code adoption of a child.

Fees

One hundred dollars to the clerk as ex officio recorder for a one to five page document, inclusive of indexing up to ten names and one certified copy (R.S. 13:844). No statewide adult adoption court filing figure exists; R.S. 13:841 sets caps only.

Investigation

None. There is no investigation or home study provision in Louisiana's adult adoption law and no waiver clause either. The home study rules live in Children's Code Title XII, the exclusive procedure for adopting children (Ch.C. art. 1170).

Name change

Permitted inside the act of adult adoption itself (R.S. 9:465). The adoption has no effect on the birth certificate unless the registrar receives a district attorney affidavit of no objection, a certified copy of the act and the fee (R.S. 40:75).

Effective date

On filing the act, and any judgment authorizing it, for registry (Civ. Code art. 214). Filing within five days of the last required signature, legal holidays excluded, makes the adoption effective as of that signature date (R.S. 9:462).

Inheritance

The adopting parent becomes the parent for all purposes and filiation with the former legal parent ends, yet the adopted person and that person's descendants retain the right to inherit from the former legal parent and that parent's relatives (Civ. Code art. 199).

Forms

No statewide adult adoption form. The instrument the statute calls for is a notarial act drafted for the parties, not a court form, so the drafting is done by you, a notary or counsel.

Suggested Compliance Checklist

Identify your route under Civ. Code art. 212

Before anything is drafted days after starting

Establish whether the adopting person is the spouse or surviving spouse of a parent of the adult being adopted. That single fact decides whether you need judicial authorization at all, or only a notarial act of adoption.

Check the domicile condition and the parish

Before drafting days after starting

Confirm that at least one of you is domiciled in Louisiana (C.C.P. art. 10). If a court must authorize the adoption, identify the parish of domicile of either party, which is where the action may be brought (C.C.P. art. 74.5).

Draft the authentic act of adoption

First document to prepare days after starting

Prepare the act in which both of you consent to the adoption, including any change to the adopted person's name (Civ. Code art. 213, R.S. 9:465). Attorney review of the act is available through DocDraft before you take it to a notary.

Collect both spousal concurrences

At signing days after starting

Arrange for the spouse of the adopting person and the spouse of the adult being adopted to sign the act to concur. Without that concurrence the act is absolutely null, and no one may sign by procuration or mandate (Civ. Code art. 213).

Execute the act before a notary and two witnesses

When all signers are available days after starting

An authentic act needs a notary public and two witnesses, with each party, each witness and the notary signing, and each signer's printed name below the signature (Civ. Code art. 1833). Note the date of the last required signature.

File the joint petition if authorization is required

Outside the stepparent route only days after starting

File the joint petition of the adopting person and the adult being adopted and attend the hearing, where the court authorizes the adoption only on finding it is in the best interest of both parties (Civ. Code art. 212).

Record with the clerk within five days

Within five days of the last signature days after starting

File the act, and any judgment, for registry with the clerk of court of any parish and pay the recording fee, one hundred dollars for one to five pages (R.S. 9:463, R.S. 13:844). Filing in time backdates the adoption (R.S. 9:462).

Request a new birth certificate if a name changed

After recording days after starting

Send the registrar a certified copy of the notarial act, an affidavit from the district attorney of the parish of residence stating no objection to the name change, and the fee. Without the affidavit the registry leaves the existing certificate alone (R.S. 40:75).

Task	Description	Document	Days after starting
Identify your route under Civ. Code art. 212	Establish whether the adopting person is the spouse or surviving spouse of a parent of the adult being adopted. That single fact decides whether you need judicial authorization at all, or only a notarial act of adoption.	-	Before anything is drafted
Check the domicile condition and the parish	Confirm that at least one of you is domiciled in Louisiana (C.C.P. art. 10). If a court must authorize the adoption, identify the parish of domicile of either party, which is where the action may be brought (C.C.P. art. 74.5).	-	Before drafting
Draft the authentic act of adoption	Prepare the act in which both of you consent to the adoption, including any change to the adopted person's name (Civ. Code art. 213, R.S. 9:465). Attorney review of the act is available through DocDraft before you take it to a notary.	-	First document to prepare
Collect both spousal concurrences	Arrange for the spouse of the adopting person and the spouse of the adult being adopted to sign the act to concur. Without that concurrence the act is absolutely null, and no one may sign by procuration or mandate (Civ. Code art. 213).	-	At signing
Execute the act before a notary and two witnesses	An authentic act needs a notary public and two witnesses, with each party, each witness and the notary signing, and each signer's printed name below the signature (Civ. Code art. 1833). Note the date of the last required signature.	-	When all signers are available
File the joint petition if authorization is required	File the joint petition of the adopting person and the adult being adopted and attend the hearing, where the court authorizes the adoption only on finding it is in the best interest of both parties (Civ. Code art. 212).	-	Outside the stepparent route only
Record with the clerk within five days	File the act, and any judgment, for registry with the clerk of court of any parish and pay the recording fee, one hundred dollars for one to five pages (R.S. 9:463, R.S. 13:844). Filing in time backdates the adoption (R.S. 9:462).	-	Within five days of the last signature
Request a new birth certificate if a name changed	Send the registrar a certified copy of the notarial act, an affidavit from the district attorney of the parish of residence stating no objection to the name change, and the fee. Without the affidavit the registry leaves the existing certificate alone (R.S. 40:75).	-	After recording

Frequently Asked Questions

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