One of the most significant questions in any Indiana adoption case is whether the biological parent’s consent is required. Many people assume that a child cannot be adopted unless both biological parents agree. In reality, Indiana law contains several exceptions that allow an adoption to proceed without parental consent under certain circumstances.
The issue becomes especially important in contested adoptions, where guardians, relatives, foster parents, or stepparents seek to adopt a child over the objection of a biological parent. In these cases, the dispute is rarely just about whether a parent loves a child. Instead, the courts must decide whether Indiana law permits the parent’s consent to be dispensed with and whether the adoption is ultimately in the child’s best interests.
The General Rule
Indiana law begins with the principle that a living parent has a fundamental interest in the care, custody, and upbringing of his or her child. As a result, parental consent is generally required before an adoption may be granted. The burden falls on the adoption petitioner to establish that one of the statutory exceptions applies. Here, we will explore some of the most common statutory exceptions petitioners use to establish whether consent is required. Remember, this is not an exhaustive list, rather, just an overview of some of the common exceptions.
Failure to Communicate
One of the most frequently litigated exceptions involves a parent’s failure to communicate with the child.
Indiana Code § 31-19-9-8 allows a court to dispense with parental consent if, for at least one year, the parent failed without justifiable cause to communicate significantly with the child when able to do so. The focus is not on perfect communication or even regular communication. The question is whether the communication was significant under the circumstances.
This is an area where facts matter enormously. A parent who simply disappears may be treated differently than a parent whose telephone calls, letters, or visitation efforts were actively limited by others.
Failure to Support
Indiana law also permits adoption without consent when a parent has knowingly failed to provide support for at least one year when able to do so.
Importantly, courts examine both ability and effort. A parent is expected to support their child through their available financial resources. However, if the parent makes no meaningful attempt to support a child might be placed in this category where consent to the adoption may not be necessary. The statute focuses on whether support could have been provided and whether the failure was knowing and unjustified.
The Unfitness Exception
Perhaps the most controversial exception is parental unfitness.
Indiana law allows a court to dispense with parental consent when a parent is found to be unfit and the adoption is in the child’s best interests. Unlike the communication and support provisions, the unfitness provision does not contain a clear lookback period or specific timeline.
As a result, courts often consider a broad range of evidence, including:
- Criminal history
- Mental health history
- Substance abuse history
- Housing stability
- Employment history
- Prior neglect concerns
- Compliance with services and treatment
- Parenting conduct and judgment
Indiana appellate courts have repeatedly recognized that criminal conduct and other habitual patterns may be relevant because they can shed light on a parent’s future ability to safely parent a child. At the same time, Indiana law also emphasizes the importance of examining the parent’s circumstances at the time of the hearing and considering evidence of changed conditions and rehabilitation.
Best Interests of the Child
Even when a statutory basis exists for dispensing with consent, the analysis does not end there.
Indiana courts must still determine whether the proposed adoption serves the child’s best interests. In making that decision, courts may consider the child’s need for permanence, stability, continuity of care, emotional development, relationships with caregivers, and other relevant circumstances. The best-interests inquiry is highly fact sensitive and often becomes the central issue in contested adoption proceedings.
Final Thoughts
Contested adoptions are among the most difficult cases Indiana courts face. They require judges to balance two important principles: protecting children and preserving the parent-child relationship whenever possible.
The law provides clear timelines for issues such as support and communication. However, questions involving parental fitness are often more complicated because they require courts to assess both past conduct and present circumstances. As adoption litigation continues to evolve, one of the most important policy questions may be how courts should weigh evidence of rehabilitation against evidence of historical misconduct.
Ultimately, consent disputes are rarely about a single mistake or a single missed visit. They involve a broader examination of a parent’s relationship with the child, the parent’s current circumstances, and the child’s long-term interests. That is why these cases remain some of the most challenging and consequential matters in Indiana family law.
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.