In Indiana, around a third of people who are currently married have been married before. Often, when a person remarries, stepchildren come into the picture. If you find yourself in this situation, you might be wondering how to adopt a stepchild in Indiana.
Your Legal Options: How to Adopt a Stepchild in Indiana
The adoption process can be stressful for parents and children alike. Factors like the location where the parents and child reside and the consent—or lack of consent—of all parties involved can simplify or complicate the matter, depending on the circumstances. The legal guidance of a compassionate and knowledgeable lawyer can ensure a smooth and efficient Indiana stepparent adoption, so you can move forward as a family.
The Basics of Stepparent Adoption in Indiana
Stepparent adoption in Indiana is governed by the laws outlined in the Indiana Code. A resident of Indiana who wishes to file a petition for adoption may do so, by attorney of record, in a court having probate jurisdiction in a county that meets one of the following descriptions:
- The person petitioning for adoption resides in the county;
- An agency in custody of the child is located in the county;
- The attorney of record has an office in the county; or
- The child resides in the county.
When a child or biological parent does not live in Indiana, the laws of other relevant states must also be considered when adopting your stepchild. An experienced Indianapolis stepparent adoption attorney, like the ones at Camden & Meridew, P.C., can explain the basics of stepparent adoption in Indiana and assist you throughout the process of adopting your stepchild.
Adopting a Stepchild with Consent in Indiana
Many people are unaware that Indiana has a mechanism for a stepparent to legally adopt a stepchild should he or she wish to become the child’s legal parent. There are several ways a stepparent can adopt a minor child. The first is when both natural parents consent to the adoption. Generally, the stepparent’s spouse is willing to consent. Sometimes, the remaining natural parent is willing to consent to the adoption of the minor child by the stepparent.
How to Adopt a Stepchild in Indiana without Consent
In most cases, the consent of both natural parents is required for the adoption of a minor child by a stepparent. However, when one of the natural parents, without good cause, has not communicated or been in contact with the minor child for a period of at least one year or did not properly care for the child despite having the ability to provide said care, then a stepparent may seek to adopt without the consent of that natural parent.
The natural parent is required to receive notice of the stepparent’s intent to adopt and must be given an opportunity to object to the adoption. However, if the natural parent’s consent is deemed not to be required under the provisions of Indiana Code § 31-19-9-8, then often the adoption will proceed.
Contact an Indianapolis Stepparent Adoption Attorney
Overall, stepparent adoption can be a good fit for stepparents who have been taking care of their minor stepchildren and wish to legally formalize that bond. An Indianapolis stepparent adoption attorney at Camden & Meridew, P.C. can assist you in evaluating whether adopting your stepchild is the right option for your family.
We can help you understand how to adopt a stepchild in Indiana and navigate state laws and local court systems, then assist with the actual legal adoption process. To learn more or schedule a consultation to discuss the basics of stepparent adoption in Indiana, call Julie A. Camden or Valerie Horvath at 317-770-0000 or complete our online contact form.