[JenD0712]

I am helping my sister with the paperwork for her husband to adopt her son. Several years ago I did this myself with my husband and my own children, but my situation was a bit different. In my case, I was divorced from their biological father, in my sister's case she and her ex were never married, nor is he even on the birth certificate.

Where I need help is actually with her consent. LA Children's Code 1244 Consent of Parent says that "B. If the parent of a child born of marriage is married to the stepparent petitioner and executes an authentic act of consent, he need not join the petition". This is what I did in my case.

It goes on to state "C. The parent of a child born outside of marriage who is married to the petitioning spouse shall join in the petition". I'm reading it to mean that in her case, since she wasn't married, she can't execute the Act of Consent and has to be a petitioner in the case along with her husband.

Can anyone help me with this? I want to make sure I'm reading it correctly, and I'm trying to find maybe an example I could follow so that the Petition is written correctly? I would really appreciate any help I can get!