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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11772
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My 19 year old stepdaughter wants me to adopt her and she

Customer Question

My 19 year old stepdaughter wants me to adopt her and she wants to take my last name. We are in Louisiana. That is where she was born. She has no relationship with her biological father. She does not want to inform him does she have too?
Submitted: 1 year ago.
Category: Family Law
Expert:  Bill Attorney replied 1 year ago.

Hello. Thank you for your question today.

Just in relation to your question, I'm not sure if adoption is the right option for you.

This is due to the fact that the age of majority is 18 years of age and a child is free to do as she/he wills after this age.

If the child has some difficulty, such as a mental or physical, a guardianship application can be made in the family court.

Hence, her father would not have to be contacted in relation to her changed preference to living, education, birth name etc

She has the autonomy to all now if she is capable. If she isn't fully capable, then guardianship is the best way to achieve your needs. This is done through the family court.

If you need further information please respond.

When you are finished, I hope you will rate this positively.

Customer: replied 1 year ago.
Just for clarity, she is of age and can make that decision on her own without notifying her biological father? Correct? She is fully capable and has no difficulties, such as a mental or physical conditions. It is just her biological father has not been a father to her nor has he ever been there for her. She want to change her name and asked me if I would adopt her and if she can take my last name. Thanks Martin
Expert:  Bill Attorney replied 1 year ago.

Hello Martin.

She is free to do as she wants without notifying him. If you wish to go through an adult adoption, I will give you the specific requirements for Louisiana.

Article 212 of the civil code is as following :A person who has attained the age of majority may be adopted without judicial authorization only when the adoptive parent is the spouse or the surviving spouse of a parent of the person to be adopted.
In other proposed adult adoptions, the court, upon the joint petition of the adoptive parent and the person to be adopted, may authorize the adoption of a person who has attained the age of majority if the court finds after a hearing that the adoption is in the best interest of both parties.

In effect you have two choices : Choice 1 to go through an adult adoption process, usually done for inheritance purposes.

Choice two: Go to the local parish court/ vital records registry and file a name change with the court clerk.

This decision is really your decision.

Expert:  Bill Attorney replied 12 months ago.

Dear Customer,

I see you didn't rate the service positively yet. I do not get any portion of the payment without a positive rating. If you would like more clarification in relation to your question on adoption, please follow up with me, and I will endeavor to give you more information.

Thanks again for your question.