INDIANA

 Any person can adopt. A married couple must adopt jointly, unless the personseeking to adopt is the stepparent. In a stepparent adoption, the naturalparent, who is the spouse of the stepparent, does not have to join in thepetition for adoption.

Who Can Be Adopted?

 Any child or adult can be adopted.

Consent to Adoption

 The following persons must consent to the adoption:

 (1) both natural parents if the child was born in wedlock;

 (2) the mother of a child born out of wedlock, and the father if his paternityhas been established by a court or has properly executed a paternityaffidavit;

 (3) any person or agency with custody or guardianship of the child;

 (4) a court, if the legal guardian or custodian is not empowered to consent tothe adoption;

 (5) the child to be adopted, if older than 14 years of age; and

 (6) the spouse of the child to be adopted.

 (7) A parent under 18 years may consent without the approval of his or herparents or legal guardian unless the court decides that it is in the bestinterests of the child to have their consent.

 The following are persons who need not consent:

 (1) a parent adjudged to have abandoned or deserted the child for 6 months orlonger;

 (2) a parent whose child is in another person's custody and has failed tocommunicate or provide more than token support for the child for at least 1year;

 (3) the natural father of a child born out of wedlock who has not establishedpaternity prior to an adoption proceeding and who has not registered with theputative father registry within the time period required;

 (4) the natural father of a child conceived as a result of child molesting,rape, or incest;

 (5) a parent who has relinquished his or her right to consent or whose rightshave been terminated;

 (6) a parent found to be incompetent or mentally defective; or

 (7) any legal guardian who has not responded to a request for their consentwithin 60 days, or the court has found that they are unreasonably withholdingconsent.

 The consent to the adoption may take place at any time after the child isborn. The consent may not be withdrawn after the entry of the decree ofadoption. Prior to the entry of the decree of adoption the consent may bewithdrawn, if the court determines it is in the best interest of the child andnotice of such withdrawal has been given to all parties of the adoption and anyother person whose consent is required.

Putative Father's Rights

 Before the birth of a child, a licensed child placing agency or attorneyrepresenting prospective adoptive parents may notify the putative father of thechild that the mother is considering an adoptive placement of the child. A manwho is not identified by the mother must register within 30 days after thebirth or on the date the adoption petition is filed in order to be entitled tonotice of the child's adoption.

 After receiving actual notice, a putative father's consent is irrevocablyimplied without further court action if he fails to file a paternity actionwithin 30 days of receiving the notice or files a paternity action but fails toestablish paternity with a reasonable period of time.

Confidentiality

 Adoption hearings are held in a closed court. All records or otherinformation pertaining to the adoption are confidential. The adoptive parents,prior to adoption, may receive medical reports of the adoptee and the naturalparents, but no identifying information will be revealed. After the adoptionhas occurred, if the adoptee or adoptive parents need any medical informationthey must petition the court, unless the information is available without apetition from the registrar.

 The birth parent, the adoptive parent, or the adoptee may be able to obtainaccess to identifying information about the other parties if both of the otherparties have consented.

 There may be circumstances where only one adoptive parent needs to consent tothe release of identifying information, for example, if the other adoptiveparent has abandoned the consenting adoptive parent or the adoptee, or if theother adoptive parent is mentally disabled.

Permissible Fees

 There are no provisions within the law regarding permissible fees.

Place of Adoption Hearing

 The adoption hearing may take place in the county where the adoptive parentslive, the adoptee lives, or where the agency having custody of the adoptee islocated.

Authority To Place Child

 Only licensed child-placing agencies and the county departments of publicwelfare have authority to place a child, except in the case of stepparentadoptions, relative adoptions, and adoptions of children out of State. In thecase of children being placed from out of State, the State Department of PublicWelfare must give permission unless the court holds a hearing and allows theplacement without Department permission.

Relative Adoption

 Prior written approval of the licensed child-placing agency or countydepartment of public welfare is not necessary in the case of relativeadoptions.

Attorney Referral Service

Indiana State Bar Association
230 East Ohio, 4th Floor
Indianapolis, IN 46204
(317) 639-5465

Welcome - Birthparents - Adoptees - Parents - Agencies - International

Books/Magazines - Federal - Legal - Other - About - AdoptioNews - AOL Help

© Copyright 1998 AdoptioNetwork     Updated: July 19, 1998  Disclaimer