Indiana Adoption Laws

Adoption is a legal process that establishes a parent-child relationship. Once the court finalizes the adoption, you become the legal parent of that child. You have all the rights and responsibilities of being a parent. State laws determine the parameters of adoptions in that state. If you are considering adopting in the State of Indiana, you should understand Indiana's adoption laws.

Adoption Criteria for Indiana Adoptions

Each state has criteria that a prospective adoptive family must meet before they can adopt a child in that state. Indiana is no different. In Indiana, the Indiana Department of Child Services handles adoptions. Prospective adoptive parents in Indiana must meet the following criteria to adopt a child:

• Be at least 21 years of age
• Be single or married, but married couples must adopt jointly
• Be an Indiana resident (nonresidents can adopt special needs children through The Adoption Program)
• Have an approved home study
• Undergo a criminal background check

Types of Indiana Adoptions

Indiana offers four basic types of adoption, including the following:

• Public agency adoption
• Domestic private agency adoption
• International adoption
• Independent adoption

Indiana also grants stepparent adoptions and kinship adoptions.

No matter what type of adoption you choose, you must work with licensed child-placing agencies in Indiana. Public agency adoptions often involve minor children in foster care. Domestic private agency adoptions involve a private child-placing agency. In an international adoption, children from a different country are adopted and brought here.

In independent adoptions, a birth parent (or parents) and the adoptive parents agree to an adoption. They then seek an adoption agency to finalize the adoption. The prospective adoptive parents often pay for the birth mother's living expenses during her pregnancy. The birth mother may also invite the prospective adoptive parents to take part in the birth of the child.

In stepparent adoptions, one spouse adopts their partner's child. Kinship adoptions involve a close relative adopting the minor child.

The Adoption Process

Before filing a petition for adoption, you must meet all the eligibility criteria and receive all required consents. If any part is lacking, your petition will fail.

Consents

In Indiana, the mother of a child must consent to the adoption. The father of the child must consent if he has either established paternity or signed a paternity affidavit. Biological fathers can establish paternity of the child by registering with the Indiana Putative Father Registry. Your adoption professional can check the registry to determine if you need the biological father's consent.

Depending on the circumstances, the Department of Child Services may ask the court to terminate the parental rights of the biological parents in place of consent. A prospective adoptee 14 years or older must provide consent. If the Department of Child Services has custody of the child, you will need their consent to proceed with the adoption.

Adoption Petition

Once you have all the required consents, you can file the petition for adoption with the court. In family court matters, courts use the best interests of the child standard. This means they will make decisions consistent with the child's best interests.

Adoption Hearings

The court will schedule a hearing to begin the adoption proceedings. You will appear in court to make your case, but you must wait at least six months before the court can finalize the child's adoption. Indiana law requires a six-month supervisory period before the courts finalize the adoption.

At your final court proceeding, the court will approve your petition for adoption if it determines that it is in the child's best interests. They will issue a final adoption decree and order a birth certificate if necessary.

Adoption Laws in Indiana

Below are some of the basic rules surrounding Indiana adoption. See Details of State Adoption Laws to learn more.

Note: Indiana state laws change often. Reach out to an adoption law attorney to confirm current Indiana laws.

Get Legal Help

Although adoption laws promote stability in all adoptions, every adoption is unique. An experienced Indiana adoption attorney can help you navigate the adoption process. They are experts in adoption law and can provide sound legal advice. When it comes to something as serious as adopting a new member of the family, speak to an experienced Indiana adoption attorney.