The permanent elimination of a parent's rights and obligations by judicial order requires consent of both parents unless "consent has been dispensed with by law." In re K.L.H. , 99-1995, pp. 2-3 (La.App. 3 Cir. 9/20/00), 771 So.2d 706, 708. A stepparent can petition to adopt the children of the mother.

[Adoption of] Latiolais, 376 So.2d 555 [(La.App. 3 Cir. 1979), writ granted, 379 So.2d 11 (La.1980), aff'd, 384 So.2d 377 (La.1980)]; In re K.L.H., 771 So.2d 706. In Adoption of Latiolais, 384 So.2d 377, 378 (La. 6/23/80), the supreme court affirmed the court of appeal's ruling reversing the trial court's grant of adoption in favor of the stepparent and stated that, "The best interest of the child is the major standard to which a court must look before

When a parent loses the right to consent to the adoption of his child as provided by La.Ch.Code art. 1245, the adoption should only be granted when it is in the best interest of the child. In re K.L.H., 99-1995 (La.App. 3 Cir. 9/20/00), 771 So.2d 706. "The party petitioning the court for adoption carries the burden of proving the adoption is in the best interest of the child.'" Id. at 709.

Even if the parent's failure to visit, communicate or attempt to communicate with the children, or to pay court-ordered child support, for a period of at least six months, was without just cause, the judge nonetheless must determine whether the proposed adoption and consequent severance of the parental relationship are in the best interest of the child. SeeAdoption of Latiolais , 384 So. 2d 377 (La. 1980) ; In re D.L.D. , supra ; In re Leitch , 32,021 (La. App. 2 Cir. 3/31/99), 732 So. 2d 632 ; In re K.L.H. , 1999-1995 (La. App. 3 Cir. 9/20/00), 771 So. 2d 706. The basic consideration in an intrafamily adoption is the best interests of the child.

Even if the parent's failure was without just cause, the judge nonetheless must determine whether the proposed adoption and consequent severance of the parental relationship are in the best interest of the child. Adoption of Latiolais , 384 So. 2d 377 (La. 1980) ; In re K.L.H. , 1999-1995 (La. App. 3 Cir. 9/20/00), 771 So. 2d 706. With regard to intrafamily adoptions, La. Ch. C. art. 1244.1 does not grant an absolute right to counsel to an opposing parent in an intrafamily adoption case, but it does provide the mechanism for the trial court to determine if due process requires the appointment of counsel.

Louisiana courts have historically been reluctant to sever the parent-child relationship and derogate from the natural rights inherent therein since the jurisprudence recognizes the fundamental belief that a child has a right to know and love his parents and such rights should not be denied except when the parent has proven himself unworthy of this love.In re K.L.H., 99-1995, pp. 6-7 (La.App. 3 Cir. 9/20/00), 771 So.2d 706, 710 (citations omitted). "The seriousness and finality of the severing of the relationship between the parent and child is a factor to be considered.