Understanding Adoption in Indiana: Everything You Need to Know

An Overview of Indiana Adoption Law

If you are considering adoption in Indiana, it is important to know that adoption is carefully regulated and administered. Adoption is safe and secure for the new parents, for the birth parents and for the child being adopted. Adoption is not simple or "done merely by signing a paper," however. The adoption process must be followed for adoptions to be finalized. The law lays out who can adopt (and who cannot), where to adopt, when applications should be made, birth parent rights, adoptive parent rights, requirements for approved home studies, and the requirements of the court before an adoption is signed off on the legalities are finalized and the child is legally declared to belong to the adoptive parents.
The Indiana Code specifies the law on adoption and the administrative rules and regulations the courts must follow. The law spells out how the state Department of Child Services must handle cases. Basically, Indiana adoption law involves a lot of paperwork. The adoption process requires obtaining consent and relinquishment of parental rights from the biological parents, who may be biological fathers who are legally married to the biological mother but did not come forward to adopt the child, or from persons in loco parentis (in place of the parent) who have legal custody of a child – maybe the other biological parent, maybe a grandparent.
What are the requirements to get an adoption approved in Indiana? The Adoptive parents must be at least 18 years of age, with some exceptions, and if married, the consent of both spouses is necessary to consent to the adoption. And , if the child being adopted is at least 14 years of age, that child’s consent is necessary. Also, if the biological parents request termination of parental rights, then the new adoptive parents must live as husband and wife for at least six months, and at least one year if they are not married.
Some adoptions do not require parental rights to be terminated, such as second step adoptions, where an adopted child is being adopted by a new spouse of the parent who adopted them to begin with. And, children can be adopted by grandparents and other family members. Also, sometimes an adoption can happen without going through DCS, but with the consent of the biological parents.
The laws on adoption as they relate to DCS investigations are extensive and very detailed. DCS usually becomes involved when a child is in or comes into DCS custody and is placed into foster care. This is usually only after the biological parents lose their rights. This may be due to abandonment, neglect, sexual abuse, drug abuse, domestic violence, and/or physical abuse. Usually there has been some attempt at family preservation before a child is moved to foster care. If the child is placed in a new home, that is called a concurrent plan. A guardian ad litem and/or guardian appointed by the Court ad litem or CASA may advocate for this plan.
For more information about the Indiana adoption law and process, check back here often as new information will be added on an ongoing basis, and please feel free to call me at any time with your questions as well.

Exploring the Types of Adoption in Indiana

Indiana law recognizes different types of adoption, depending on the parties involved and the particular circumstances of the case. The most general breakdown of the different types of adoptions in Indiana is as follows: Agency Adoptions: Agencies are nonprofit organizations licensed by the state to facilitate adoption services. Agency adoptions involve several steps, beginning with the birth mother placing her child with the agency, which then provides the child for adoption by the adoptive parents. The Indiana Department of Child Services (DCS) is the primary agency for adoptions facilitated through the state system. Independent Adoptions: Independent adoptions—that is, adoptions without an intermediary—are a legal option in Indiana for situations that do not involve DCS. Independent adoptions may be private (e.g., for the adoption of a foster child by his or her foster parents) or semi-open (situations in which the birth mother regularly communicates or visits with the adopted child). In either case, independent adoptions do not require a licensed agency to act as the intermediary between the adoptive and biological parties.
Private Adoptions: Private adoptions are similar to independent adoptions except they are facilitated by an intermediary. Typically, this intermediary is a lawyer or other legal professional who works with each party to ensure the legality of the adoption process. Private adoption attorneys in Indiana are generally referred to as "qualified Indiana adoption counsel" or QIAC. Stepparent Adoptions: Although you do not necessarily need an attorney to apply for adoption as a stepparent, it is a good idea to retain a legal professional to represent you throughout the adoption process. With a married couple in Indiana, only the husband and wife are eligible to adopt together as a couple. If the husband or wife (but not both) wishes to adopt, the other parent does not need to consent.

Adopting in Indiana – Are You Eligible?

The eligibility criteria for adoptive parents in Indiana are outlined in statute at Indiana Code 31-19-2-1. The statute is as follows:
(a) An individual or a husband and wife may become an adoptive parent according to this article. However, an individual or a husband and wife cannot be a relative of the child sought to be adopted by the prospective adoptive parent.
(b) An individual or a husband and wife seeking to adopt a child must meet the following residency requirements:

• (1) Reside in Indiana for at least six (6) consecutive months immediately preceding the filing of the petition for adoption in the county where the petitioner resides.
• (2) Have maintained residence in Indiana for at least six (6) months if the petition for adoption is filed in the county where the adopted person resides.
• (3) Have been a nonresident of Indiana for at least six (6) consecutive months immediately preceding the filing of the petition for adoption if:

(A) the child is not a foreign child; and
(B) the petition for adoption is filed in the county where the foreign child resided immediately before being placed with the prospective adoptive parent.
C. IC 31-19-2-3(a) provides that to pursue the adoption of a foreign child, the individual or husband and wife must file a petition in Circuit Court of Hamilton County, Indiana.
Nature and duration of residency required of the prospective adoptive parent before pursuing adoption of the child;

45. IC 31-35-2-5.9 Iowa case law ~ does not allow divorce as grounds for termination of parental rights. However, the existence of a divorce might have been permissible grounds in prior cases.

An Overview of the Indiana Adoption Process

The procedure to adopt a child in Indiana is a bit faster than many people would suspect, but there are several steps involved that must be followed in the right order. When you decide to adopt a child, it’s essential that you first meet with an attorney who is very experienced in handling adoptions, as they can answer your questions and go over your specific needs with you. They will provide you with a list of requirements that you’ll need to fulfill to qualify for the adoption.
When you begin the process of adoption, you first file a Petition to Adopt in the court system. In order to be able to file this petition, you must make sure that you have sufficient income to care for your new child, that you have a safe home, and that you are at least 21 years of age.
Once you’ve filed the Petition to Adopt, you then must attempt to locate the birth parents for the child and get their consent to the adoption. There are some exceptions to this requirement and the attorney can explain in detail when those exceptions apply. If the birth parents consent to the adoption, then the attorney organizes a Biological Parent Consent Hearing and meets with them to obtain their signatures on a document agreeing to the adoption.
The next step in the adoption process is obtaining a home study. This can be completed by a person called a home study investigator, who is hired by the birth parents. The investigator may also be able to complete any necessary medical exams, as well as a criminal background check on all adults residing within the home. It’s up to the court to determine whether they feel the children are safe living within the home, and the court will have a final hearing on the adoption to decide if it’s lawful or not.
If the birth parents do not consent to the adoption, then their parental rights must be terminated before it can proceed. If they allow for the babies to be adopted, then the adoption can continue without issue.

Consent and Legal Rights of Birth Parents

Before a party can even begin to consider termination of parental rights, Indiana law requires that a biological parent consent to the adoption of their children or have their parental rights terminated through a separate action. A biological parent’s consent must be voluntary and in writing. Furthermore, the adoption paperwork must be filed with the Indiana Department of Child Services in at least four different places:

• Where the adoptee resides;
• Where the DCS home office is located;
• Where the DCS office for the county where the process was initiated is located; and
• And where the new adoptive parents reside.

Before an Indiana court can even accept the adoption case, the DCS must verify that all of the termination and/or consent paperwork has been properly completed and filed where required. Other things to keep in mind when filing the adoption paperwork are:

• The biological mother must consent to the adoption before or after the birth of the adoptee.
• The biological father must consent to the adoption before or after the child is born, provided that the child has been placed in his care or he has established paternity over the child in an earlier committing order.
• If the biological father has not established paternity but wishes to do so in order to object to the adoption, the father may establish paternity. He may also object to the adoption if he believes the termination of his parental rights would be in the best interest of the child.

The Legal Process of Adoption in Indiana

Legal issues can arise and be contested at any point in the adoption process in Indiana. Prospective adoptive parents should be aware of several situations that would typically result in litigation.
In an open adoption in Indiana, a biological parent has the right to have limited discussions and contact with the adopted child ranging from occasional letters to phone calls and even visitation. This can later become the subject of a dispute. Typically, if a significant period of time passes and the birthparent has had little or no contact with the child, adoption will be finalized. Thereafter, adoption can only be contested if sufficient evidence shows contact with the child is in the best interest of the child.
In an agency adoption, litigation will often ensue when intended parents adopt outside their state of residence, paying a birth parent for the birth of the child. Indiana adoption laws require that adoptions be completed through an agency licensed in Indiana. In these cases, the prospective adoptive parents are often viewed as having participated in human trafficking. Any contracts with the birth parents for the purchase of the child or compensation taking the form of medical expenses and lost wages is considered illegal . The adoption agency contacted out for services may also be investigated.
The relinquishment of parental rights is the final stage of terminating the rights of a biological parent. This stage is contested, if the putative father is not the birthparent who relinquished his rights. In Indiana adoption law, the putative has the right to file a paternity action within a specified time period. If he doesn’t do so, the relinquishment of parental rights can be granted. In some cases, the agency may refuse to grant the relinquishment or contact the putative father and/or biological mother.
On rare occasions, disrupted adoptions can occur after finalization has been approved. In this case, the adoption decree can be contested before the courts. This pertains to cases where a finalized adoption is found to be invalid or rescinded in order to meet a different eligibility requirement of state or federal law. A contest must be filed with a petition for transfer of custody within 6 months of adoption and finalization.
A litigation may also be filed by an interested party within 60 days of the finalization of adoption if it has not been legally sanctioned by the state of Indiana or an agency permitted to perform adoptions.

Finalization of Adoption and Post-Adoption Matters

Upon satisfying the requirements for adoption, an adopted child has the same legal relationship to his new family as a natural-born child. The child will acquire the same rights of inheritance from and through the adoptive parents and their relatives, and the familial ties that the child had with any biological parents finish upon adoption. Likewise, no third-party will have any obligation to provide support to an adopted child once the adoption is final. Additionally, the Indiana Court of Appeals has held that an adoptive parent may be compelled to provide child support for a child after the adoption has been finalized in some cases (unless such support obligations are contractually waived). Adoptions are typically uncontested, so such actions do not frequently arise, but they may where there are multiple adoptions, or the needs of the adopted person so require it. Where termination of the parental rights was not considered a ground for the adoption, the rights of the child’s parents toward whom the adoption was directed shall remain in force, so long as the adoption order does not specifically grant the adoptive parents discretion to supersede the rights of the child’s parents. A parent’s obligation to support and care for a child ceases when the child is legally adopted. In Indiana, unless the original name of the child is restored, the hearing officer or adoptive parents are required to change the child’s name subject to the following standards: An adoptive parent may restrict all visitation of a biological parent only if the best interests of the child so require.

Resources for Adoptive Families in Indiana

Indiana adoption law offers a range of resources and support for both potential and adoptive families. For those who wish to adopt, guidance and support services are often available through agencies, legal counsel, and community organizations. These entities can help prepare families for the array of circumstances and emotions they may confront throughout their journey. From mandatory meetings with adoption agencies to home studies and court requirements, pre-adoption assistance can help eliminate uncertainty.
Counseling services may also be available to help families cope with specific needs or overcome personal or family issues that may make adoption more difficult. Counseling is sometimes available to birth mothers and birth fathers, as well. After adoption, support services may be provided to help connect families with mental health professionals who specialize in adoption issues. Some counseling services may offer support for children through individual or group therapy sessions. Others may provide access to programs designed to help family members communicate with one another through conflict resolution and problem-solving techniques.
Adoptive families can also benefit from financial assistance as part of their journey. Emerging as a popular option for some families, adoption loans offer support to those who may benefit from advantages traditional funding methods do not provide. By providing funding opportunities in a quick and uncomplicated manner, adoption loan programs assist many candidates in the financing of their adoptions.
Some families benefit from tax break assistance, which can help ease the financial burden adoption can create. While state adoption tax credits may vary by location, federal tax credits are available to those who have adopted a child. These credits can be claimed on annual tax returns and can yield significant savings during tax season. Most of these credits are available through IRS tax returns.

Recent Developments in Indiana Law on Adoptions

Over the past year, some changes have been made to Indiana’s adoption laws. The purpose of these changes are to increase the successfulness of adoption and making adoptions more accessible to those impacted.
Beginning in July 2020, adoptive families and biological families who utilize the Interstate Compact on the Placement of Children will see greater flexibility when adopting abroad. Indiana families will now be able to adopt children from the Philippines, South Korea, Taiwan, Nepal and South Africa. A few years back, an additional seven new countries were added as a part of the Interstate Compact bringing the total countries to thirty-three.
Now adoption agencies in Indiana will be able to send and receive children from these countries far more efficiently. This will cut down on processing delays and cutting legal fees.
A new set of laws are being implemented in July of 2021 that allow for the filing of a petition in Indiana rather than filing in the country where the adoption occurred (those countries must be Hague Convention countries). There are also new expedited options are available for those foreign adoptions that weren’t previously Hague-Convention adoptions.
It is important to have an Indiana lawyer who is well versed in Indianapolis adoption laws review these new laws to ensure you are properly filing documentation. Within the past ten years or so, there has been a significant increase in the international adoption, so it’s no wonder these changes are happening .
There are a number of changes coming to the realm of adoption. As of July 1, 2020 Indiana’s revised adoption code went into effect. This update to the law covers various adoption aspects. A large portion of the law focuses on child placement with the ultimate goal of allowing for traditional and non-traditional couples to qualify for adoption.
These changes include allowing for second parent adoptions – a necessity for unmarried couples. Same-sex couples will also be able to share the legal rights and responsibilities of parenting. As it stands, same sex couples were often forced to undergo lengthy adoption proceedings to adopt their partner’s child. In addition to that, the new law allows for "open adoptions" which are legally enforceable. Previously, open adoptions were not recognized under state law.
Another change coming to the law is the ability for medical professionals to be a part of the adoption process. Per the new law, various medical professionals that come in contact with expectant mothers and their unborn children must make those mothers aware of their options, including adoption. This new law is particularly beneficial to new and expecting mothers as they will have information about adoption, financial resources and signing up for Medicaid. Ohio adoption attorneys are still waiting for their Ohio legislature to pass similar laws.
With these changes in adoption law, it’s important to consult with an Indianapolis adoption attorney to discuss your particular adoption needs.