Adoption by a Step-Parent

In Indiana, the legal process for a step-parent to adopt his or her step-child is different from other adoptions. The first question you must ask yourself is whether the “other” biological parent (to whom you are not married) still has contact with the child. The “other” biological parent must have no contact with the child for at least 6 months in order to proceed with the termination of parental rights.

If the “other” biological parent has had contact with the Child in the last 6 months, termination of his or her parental rights is unlikely unless the biological parent and step-parent seeking the adoption can prove the “other” biological parent substantially impacts the welfare of the child, putting the child’s health or safety at risk if the Child continues to have a relationship with the “other” biological parent.

In some cases, you may ask the “other” biological parent to consent to the termination of rights. If the “other” biological parent consents, you will likely be able to proceed with the adoption process.

If the “other” biological parent has not had contact with the child in question for at least 6 months, the path to adoption becomes easier. At that point, the likelihood of terminating the “other” biological parent’s rights is more realistic and the step-parent will have an easier time obtaining the adoption.

If you are interested in the adoption process as a step-parent, or otherwise, call us to set up a consultation today at (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.