CHAPTER 11. INTRAFAMILY ADOPTIONS
Art. 1243. Persons who may petition for 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.
C. Repealed by Acts 2014, No. 169, §2.
Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 733, §1, eff. July 6, 1992;
Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 256, §1; Acts 1999, No. 695, §1;
Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2001, No. 567, §1; Acts 2002, 1st Ex. Sess.,
No. 65, §1, eff. April 18, 2002; Acts 2007, No. 111, §1; Acts 2010, No. 190, §1; Acts 2014,
No. 169, §§1, 2; Acts 2016, No. 175, §1, eff. May 19, 2016.