Louisiana Adoption Law
Permits single GLBT individuals to petition to adopt? Yes.
Louisiana law permits a single person or a married couple jointly to petition to adopt. (LA. CHILD. CODE ANN. art.1198)
Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
State law provides that a husband and wife may jointly petition to adopt, and does not explicitly provide for joint adoption by other couples. No state court has heard the issue of whether same-sex couples can or can not jointly petition to adopt. Note that under the old Louisiana adoption code, the Louisiana Court of Appeals held that the statutory language "single person" prevented the unwed, natural parents of a child from adopting that child. "Petitioners admit that neither of them is the legitimate parent of Jason Michael Meaux. Petitioners are not a married couple. As two single persons jointly petitioning to become the adoptive parents, they are not "a single person" under the statute. Therefore, the statute does not authorize petitioners to jointly adopt their natural child." (Adoption of Meaux 417 So.2d 522 (La. Ct. App. 1982)) The present statute retains the same "single person . . . or married couple jointly" language. The present code supplanted the prior code, so this is not binding law and does not necessarily affect the interpretation of the present code. Nonetheless, it may be interesting background information and could be considered relevant by a court.
Permits a same-sex partner to petition to adopt partner’s child or child of the relationship? No explicit prohibition
There is no explicit prohibition, but no state court has heard the issue of whether a same-sex partner can or can not petition to adopt a partner’s child or child of the relationship.
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Last Updated: 1/17/2008