9.3 Petitioners

There has been a clear trend to broaden the category of relatives who may seek an intrafamily adoption. Under La. Ch.C. art. 1243, the following persons may petition for an intrafamily adoption:

A. A stepparent, stepgrandparent, great-grandparent, grandparent, or collaterals within the twelfth degree may petition to adopt a child if all of the following elements are met:

1. The petitioner is related to the child by blood, adoption, or affinity through the mother of the child or through a father who is filiated to the child in accordance with the Civil Code.
2. The petitioner is a single person over the age of eighteen or a married person whose spouse is a joint petitioner.
3. The petitioner has had legal or physical custody of the child for at least six months prior to filing the petition for adoption.

B.

1. When the spouse of the stepparent or one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.
2. When a petitioner is the grandparent of a child and the petitioner’s spouse is the stepgrandparent of the child and that spouse files an authentic act requesting that the blood relative grandparent petitioner be allowed to file or complete the adoption proceedings as the sole petitioner, then any court of competent jurisdiction may grant the adoption in the same manner as if the grandparent was a single petitioner. Any petitioner and stepgrandparent filing a petition pursuant to this Paragraph shall be required to undergo the background check provided for in Article 1243.2.