Adopting a child is one of the most important legal decisions a family can make. In Indiana, however, adoption is more than simply completing paperwork and appearing before a judge. The Indiana adoption process involves legal requirements concerning consent, notice, background checks, home studies, termination of parental rights, and the child’s best interests.
Whether you are considering a stepparent adoption, relative adoption, private adoption, or another type of adoption in Indiana, understanding the process before you begin can prevent expensive and frustrating problems later.
This guide explains some of the most important things prospective adoptive parents should know about Indiana adoption law.
What Is an Adoption in Indiana?
An adoption permanently changes the legal relationship between a child and the child’s biological parents.
When an Indiana court grants an adoption, the adoptive parent generally assumes the legal rights and responsibilities of a parent. The biological parent’s legal relationship with the child is generally terminated, subject to the specific circumstances of the case and applicable Indiana law.
Because adoption permanently affects parental rights, Indiana courts take adoption proceedings seriously.
Who Can Adopt a Child in Indiana?
Indiana law permits various individuals and families to pursue adoption.
Depending on the circumstances, an adoptive parent may be:
- A married couple;
- A single adult;
- A stepparent;
- A relative; or
- Another person who meets Indiana’s legal requirements.
The specific requirements can vary depending on the type of adoption.
For example, a stepparent adoption in Indiana can involve substantially different issues from an adoption by unrelated prospective parents.
What Are the Different Types of Adoption in Indiana?
Stepparent Adoption
Stepparent adoption is one of the most common types of adoption involving an existing family relationship.
A stepparent may seek to adopt a spouse’s child and become the child’s legal parent.
One of the most important issues in a stepparent adoption is usually the other biological parent’s legal rights.
If the other parent consents to the adoption, the case may be relatively straightforward. If that parent does not consent, however, the court may need to determine whether the parent’s consent is legally required.
Relative Adoption
A grandparent, aunt, uncle, adult sibling, or other relative may seek to adopt a child.
Relative adoptions can arise when a child has been living with family members or when biological parents are unable to care for the child.
The fact that an individual is related to the child does not automatically eliminate Indiana’s adoption requirements.
Private Adoption
A private adoption generally involves prospective adoptive parents and a birth parent making arrangements outside the foster-care system.
Private adoptions can involve complicated issues concerning consent, notice, expenses, and legal representation.
Anyone considering a private adoption should obtain legal advice before making significant financial or legal commitments.
Foster Care Adoption
Children in Indiana’s foster-care system may become eligible for adoption after the necessary legal proceedings concerning parental rights have occurred.
These adoptions can involve the Indiana Department of Child Services, foster parents, relatives, and other interested parties.
The process can be substantially different from a private adoption.
Does the Biological Parent Have to Consent to an Indiana Adoption?
Not always.
This is one of the most important misconceptions about Indiana adoption law.
In many circumstances, a biological parent’s consent is required. However, Indiana law provides circumstances in which an adoption may proceed without the parent’s consent.
For example, Indiana law addresses situations involving abandonment, failure to communicate significantly with the child, failure to provide appropriate care and support, and other circumstances.
Whether consent is required is highly fact-specific.
A parent should not assume that failing to pay child support automatically means the parent’s consent is unnecessary. Likewise, an adoptive parent should not assume that a parent who has been absent automatically loses the right to object to an adoption.
Can a Parent Object to an Adoption?
Yes.
If a biological parent has a legally protected right to consent and does not consent, the adoption may become contested.
A contested Indiana adoption can involve evidence concerning:
- The parent’s relationship with the child;
- Communication between the parent and child;
- Child support;
- The parent’s ability to care for the child;
- Attempts to exercise parenting time;
- The parent’s reasons for failing to maintain contact;
- The child’s relationship with the prospective adoptive parent; and
- The child’s best interests.
The court’s analysis depends on the specific statutory requirements applicable to the adoption.
What Happens if the Other Parent Cannot Be Found?
An adoption does not necessarily stop simply because a biological parent cannot be located.
Indiana law contains procedures concerning notice and service in adoption proceedings.
The prospective adoptive parent generally should not attempt to solve the problem by simply claiming that the other parent is “missing.”
The court may need evidence concerning efforts to locate the parent and whether statutory requirements for notice or consent have been satisfied.
Does the Child’s Best Interest Determine an Adoption?
The child’s best interests are an important consideration in Indiana adoption proceedings.
But there is an important distinction between saying that an adoption would be good for a child and proving that all statutory requirements for adoption have been satisfied.
A court generally must apply the requirements established by Indiana’s adoption statutes.
In other words, a prospective adoptive parent should not assume that a judge can simply approve an adoption because everyone believes it would be beneficial for the child.
What Is an Adoption Home Study?
Depending on the type of adoption, Indiana law may require an investigation or home study of the prospective adoptive parents.
A home study can examine issues such as:
- The prospective parent’s home;
- Family relationships;
- Financial circumstances;
- Criminal history;
- Child-abuse or neglect history;
- Physical and emotional circumstances;
- Parenting abilities; and
- The prospective parent’s ability to provide an appropriate home.
The purpose is to determine whether the prospective adoptive placement is appropriate for the child.
What Background Checks Are Required for Indiana Adoption?
Indiana adoption proceedings can involve criminal-history and child-protection checks.
The precise requirements depend on the type of adoption and the people involved.
Prospective adoptive parents should expect that their backgrounds may be examined as part of the process.
A criminal conviction does not necessarily mean that someone is automatically prohibited from adopting. The significance of a particular conviction depends on the applicable law and the circumstances.
How Long Does an Indiana Adoption Take?
There is no single answer to how long an Indiana adoption will take.
An uncontested adoption may proceed much more quickly than a contested adoption.
Factors affecting the timeline can include:
- Whether parental consent is required;
- Whether consent has been obtained;
- Whether a biological parent contests the adoption;
- Whether the biological parent can be located;
- Whether a home study is required;
- Whether DCS is involved;
- Whether additional investigation is necessary; and
- Whether the court requires additional hearings or evidence.
A contested adoption can take considerably longer because the court may need to conduct an evidentiary hearing.
How Much Does Adoption Cost in Indiana?
The cost of an Indiana adoption varies considerably.
Potential expenses can include:
- Attorney fees;
- Court costs;
- Home-study expenses;
- Agency fees;
- Service and publication costs;
- Medical or birth-related expenses in certain private adoptions; and
- Other adoption-related expenses.
A straightforward stepparent adoption can have a very different cost structure from a contested adoption involving litigation over parental consent.
Can a Stepparent Adoption Change Child Support?
Potentially.
When a stepparent adoption is finalized, the legal relationship between the child and the biological parent may change substantially. That can affect existing parental rights and obligations.
The effect on an existing child-support order depends on the circumstances and should be addressed as part of the adoption proceedings.
Do not assume that filing an adoption petition automatically terminates a child-support obligation.
Can an Adoption Be Contested?
Yes.
Adoption proceedings can become contested for several reasons.
A biological parent may argue that:
- Their consent is required;
- They have maintained a meaningful relationship with the child;
- They have provided support;
- They have been prevented from seeing the child;
- The statutory requirements for proceeding without consent have not been met; or
- The adoption is otherwise not legally appropriate.
A prospective adoptive parent may have evidence supporting a different version of events.
These cases can become highly fact-intensive.
Why Adoption Cases Can Become Complicated
Adoption law sits at the intersection of several important legal interests.
A case may involve:
The prospective adoptive parents
They want to establish a permanent legal relationship with the child.
The biological parents
They may have constitutionally protected parental rights.
The child
The court must consider the child’s welfare and the statutory requirements governing adoption.
The court
The judge must apply Indiana’s adoption statutes and determine whether the legal requirements have been satisfied.
Because adoption permanently changes legal parentage, procedural mistakes can have significant consequences.
What Should You Do Before Filing an Indiana Adoption?
Before filing an adoption petition, prospective adoptive parents should determine:
- What type of adoption is involved?
- Who are the child’s legal parents?
- Is parental consent required?
- If consent is not available, is there a legal basis to proceed without consent?
- What notice must be provided?
- Is a home study required?
- Are there existing custody or child-support orders?
- Is another court already exercising jurisdiction over the child?
- Are there any pending juvenile or DCS proceedings?
- What evidence will be needed to establish the statutory requirements?
Answering these questions before filing can help prevent unnecessary delays.
Frequently Asked Questions About Adoption in Indiana
How do I adopt my stepchild in Indiana?
A stepparent generally begins by filing an adoption petition and satisfying the applicable Indiana statutory requirements. The biological parent’s consent and whether consent can be legally dispensed with are often central issues.
Can I adopt a child without the biological father’s consent in Indiana?
Possibly. Indiana law identifies circumstances under which a parent’s consent is not required. Whether one of those circumstances applies depends on the facts of the case.
Does a biological father have to be notified about an Indiana adoption?
Notice requirements depend on the circumstances and applicable Indiana law. The identity and legal status of the father can be particularly important in determining what notice or consent is required.
Does not paying child support automatically terminate parental rights in Indiana?
No. Failure to pay support may be relevant to whether consent is required in an adoption proceeding, but nonpayment by itself does not automatically terminate parental rights.
Can a biological parent stop a stepparent adoption?
A biological parent may be able to contest an adoption if that parent’s consent is legally required. The court will determine whether the statutory requirements for proceeding with the adoption have been satisfied.
How long does a stepparent adoption take in Indiana?
The timeline varies. An uncontested stepparent adoption may proceed relatively quickly, while an adoption contested by a biological parent can take significantly longer.
The Bottom Line
Indiana adoption law is complicated, and the consequences are permanent.
If you are considering adopting a child in Indiana, one of the most important things you can do is determine the legal status of the child’s biological parents before beginning the process.
This is particularly important in Indiana stepparent adoptions, where the biological parent’s consent, notice, and parental history can become central issues.
Whether you are adopting a stepchild, pursuing a relative adoption, considering a private adoption, or seeking to adopt a child from foster care, an experienced Indiana family law attorney can help you understand the legal requirements and potential obstacles before you file.
Need Help With an Indiana Adoption?
If you are considering an adoption in Indiana, Dixon and Moseley can help you understand the adoption process, parental-consent requirements, contested adoptions, and other issues that may affect your case.
If you need legal guidance tailored to your circumstances, the attorneys of Dixon & Moseley, P.C. can help you through the appeal process. 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.