Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent.
Understanding these exceptions is critical; especially in stepparent and relative adoptions, where one parent is often absent or noncompliant.
This guide explains when parental consent is not required under Indiana law, with direct reference to Indiana Code § 31-19-9-8.
Quick Answer
In Indiana, parental consent to adoption is not required when:
- The parent has abandoned the child (6+ months)
- The parent has failed to support or communicate (1+ year)
- The parent’s rights have been terminated
- The parent is deemed unfit by clear and convincing evidence
- The putative father fails to register or establish paternity
- The parent is deceased, incompetent, or has relinquished rights
These exceptions are governed by Indiana Code § 31-19-9-8.
The General Rule: Consent Is Required—Unless an Exception Applies
Indiana courts start with the presumption that biological parents must consent to adoption. However, the law prioritizes the best interests of the child, allowing courts to bypass consent in specific circumstances.
The Law: Indiana Code § 31-19-9-8
Indiana Code § 31-19-9-8 provides that consent to adoption is not required from certain parents under defined conditions.
Below is a plain-English breakdown of the most commonly litigated provisions:
1. Abandonment (6 Months or More)
Consent is not required if:
- The child has been abandoned or deserted
- For at least 6 months before the adoption petition is filed
Courts often look for:
- No meaningful contact
- No financial support
- Conduct showing intent to give up parental responsibilities
2. Failure to Communicate or Support (1 Year)
One of the most frequently used statutory exceptions.
Consent is not required if, for at least one (1) year, the parent:
- Fails to communicate significantly with the child without justifiable cause, OR
- Knowingly fails to provide support when able to do so
Important nuance:
- Even occasional texts or minimal payments may be considered “token efforts”
- Under subsection (b) of the statute, token efforts can still qualify as abandonment
3. Putative Father Fails to Act
Consent is not required from a putative (alleged) father if he:
- Fails to register with Indiana’s Putative Father Registry, or
- Fails to timely establish paternity
This issue frequently arises in:
- Stepparent adoptions
- Cases involving unmarried parents
4. Paternity Not Established
A biological father’s consent is not required if:
- His paternity has not been legally established outside the adoption proceeding, AND
- He has not executed a valid paternity affidavit
5. Criminal Conception (Serious Offenses)
Consent is not required if the child was conceived as a result of certain crimes, including:
- Rape
- Child molesting
- Sexual misconduct with a minor
- Incest
6. Termination or Relinquishment of Parental Rights
Consent is not required if the parent:
- Has voluntarily relinquished parental rights, OR
- Has had rights involuntarily terminated under Indiana law
This is common in:
- Prior CHINS/DCS cases
- Termination of parental rights (TPR) proceedings
7. Parent Is Unfit (High Burden of Proof)
A court may dispense with consent if:
- The parent is proven unfit by clear and convincing evidence, AND
- Adoption is in the child’s best interests
This is one of the most litigated and fact-intensive grounds.
8. Parent Is Incompetent or Cannot Consent
Consent is not required if:
- The parent is judicially declared incompetent, and
- The court finds consent should be dispensed with
9. Failure of Guardian to Consent
Consent may not be required from a legal guardian if:
- The refusal is found to be not in the child’s best interests
10. Parent Has Denied Paternity (Irrevocably)
A father’s consent is not required if he:
- Executes a valid denial of paternity, and
- Acknowledges that:
- The denial is irrevocable, and
- He will not receive notice of adoption proceedings
11. Parent Is Deceased
Consent is not required if the parent is deceased.
Common Scenario: Stepparent Adoption in Indiana
A typical case looks like this:
- A stepparent seeks to adopt
- The other biological parent has:
- Had little or no contact for years
- Paid little or no support
In these cases, courts often find that consent is not required due to failure to support or communicate.
What Courts Focus On
Indiana courts closely examine:
- The timeline (6 months vs. 1 year)
- Whether failures were knowing and without justification
- Evidence of token efforts vs. meaningful involvement
- The child’s best interests (ultimate standard)
Why This Matters
If you can establish that consent is not required:
- You avoid the need for a noncooperative parent’s approval
- The adoption process becomes significantly more efficient
- Your case shifts to proving statutory compliance and best interests
Talk to an Indiana Adoption Attorney
These cases are highly fact-specific and often contested.
The attorneys at Dixon & Moseley, P.C. can help you:
- Evaluate whether consent is required
- Build evidence under Indiana Code § 31-19-9-8
- Present a court-ready case for adoption without consent
This blog post is written by Dixon & Moseley, P.C. advocates. This blog is not intended as specific legal advice or a solicitation for services. It is an advertisement.