Facts You Should Know Concerning Step Parent Adoption in Indiana.

As a stepparent in Indiana, adopting your spouse’s biological child can be a detailed and complex undertaking. First, you and your Indianapolis adoption lawyer must file a petition to adopt your spouse’s child; this petition has numerous requirements, and the entire process must adhere to Indiana’s adoption Code, 31-19-2-6. 

This petition must contain the child’s name, sex, race, age, and place of birth.

Additionally, all the child’s real or personal property, its value, who the child’s parents are, where they reside, and other information based on the unique case.

As the petitioner, you must include your complete information, such as your residence, etc., and when you married the child’s biological parent.

 Some of this is relatively easy, but in most adoption cases, this is only the beginning of the process.

For example, if you (as the petitioner) have been convicted of a felony, you must provide dates and descriptions of the conviction. Additionally, any other issues related to child support, medical support, etc., must be addressed, and much more.

The petition must contain extensive, accurate, detailed, and verifiable information. If the parent (or the petitioner) is aware of any medical issues concerning the child, this medical information must be filed either with the petition or within 60 days of the petition’s filing.

Additionally, the petitioner must pay for and get a full background check and pay all the fees associated with the filing.

This is only a brief overview of some legalities that must be followed. Admittedly, it is a daunting task, and attempting to go through this process without the help of a qualified, professional Indiana adoption lawyer will most likely not go well. If even one form is missing or done incorrectly, the court may have you start again.

However, this issue can be overcome by utilizing your adoption law team’s skilled and knowledgeable help.

If I Wish To Adopt My Stepchild, Is the Parent’s Consent Required?

The simple answer is yes, in most cases. Usually, the parent must consent to the stepparent’s adoption of their child. The Indiana stepparent adoption code mandates that if the child is under 18, the adoption can only be granted with written consent from each child’s living parent.

There are cases, however, where the biological parent’s consent may not be required.

Just some examples of these circumstances are;

  • The non-custodial parent has abandoned or deserted the child for at least six months preceding the petition filing date.
  • The non-custodial parent hasn’t had any significant communication with the child for at least one year, and the child was in the care of someone else.
  • The non-custodial parent did not provide adequate (or any) care for the child when they could do so.
  • The non-custodial parent relinquished their right to consent to adopt under current Indiana adoption codes.
  • The non-custodial parent has been found unfit or declared by the court to be incompetent or have mental issues.

So, in many cases, written permission from the child’s parents is required. However, there are many exceptions. If this matter is an issue in your stepparent adoption process, your Indianapolis adoption lawyer, who is well-versed in the adoption codes, will know precisely how you should proceed.

What Are Some Other “Road Blocks” To Step-Parent Adoption in Indiana?

Every stepparent adoption and the circumstances involved differ, and many things can hinder this process, some of which you may not have considered at all.

Just some examples of these possible “roadblocks” to stepparent adoption are;

Your age as the stepparent – You can adopt a stepchild even if you are very young. However, your age is a factor that judges usually consider.

  • Your financial situation – Indiana judges (as in most states) base all adoption decisions on the child’s best interests. If you have a high or low income, the judge will consider whether your financial situation adequately supports your stepchild.
  • Your employment – Do you have a steady, reliable job and a salary that will support and care for the child?
  • Your current residence – The court may have a social worker come and observe you to determine whether your home suits the stepchild. This is critical and always a potential roadblock.

The takeaway is that many things you might not consider may affect your stepchild’s adoption case. So, the best way to foresee the unforeseen is to have a professional, experienced, and knowledgeable Indiana adoption lawyer by your side so that all negative contingencies are covered as best as possible.

What Are Some Valid Reasons To Adopt My Stepchild In Indiana?

In Indiana and everywhere in the U.S., there are many sound and positive emotional and legal reasons for you to adopt a stepchild.

First, you want to solidify this new and lasting family bond as a loving family. Also, in many cases, adoption provides the stepchild with emotional and structural stability and the security most children crave. This could be especially true if the child has been in the stepparent’s life since they were young.  

Also, adopting your stepchild, especially in today’s world, will usually significantly simplify many aspects of your daily life. This includes simple things such as taking them for medical attention, enrolling them in school, making critical life decisions, and much more.

Once your adoption is finalized, you now legally take on the same influence and role as the child’s biological parent.

Also, depending on the child’s age, their opinions and feelings should often be strongly considered. Their adoption by someone they have come to love could be as significant to them as it is to you.

In most Indian stepchild adoptions, if the child is at least 12 years of age, they commonly will have a say in the stepparent adoption process. The court will usually see it as a positive sign that, at 12 years or older, when consulted, your stepchild wants the adoption to proceed. In some cases, the stepchild’s consent may be mandatory.

This entire legal process is usually a highly complex legal matter. Therefore, the best path to take is to consult with an experienced, professional, and empathetic Indiana adoption lawyer so that this process, so vital to most families, moves forward as positively as possible.

I Need More Information About Adopting My Stepchild; How Should I Proceed?

If you’re a current resident of Indiana and about to embark on this rewarding, life-changing process, you may now begin to see that although it’s well worth the effort, adopting a stepchild is hardly ever a simple legal process.

So, the best course of action is to obtain the educated and empathetic counsel of a skilled, highly experienced Indianapolis adoption lawyer.

The family Law Offices of Deidra Haynes and their experienced adoption lawyers will analyze all aspects of your stepchild adoption case and always guide you down the best legal path possible.

Call them today at (317) 785-1832 for a full consultation on your case so you can begin this joyous adventure immediately. It may not be easy, but the rewards to you, your family, and your stepchild will be life-changing.