Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Indiana may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Indiana child adoption law including such topics as adoption expenses and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 35-46-1-9(b)
Reasonable attorney fees
Hospital and medical costs
Reasonable expenses for counseling
Travel expenses and maternity clothes
Living expenses, including housing, utilities, and phone service, during the 2nd and 3rd trimester of pregnancy, not to continue for more than 6 weeks after the child's birth
Lost wages if leaving a job is made necessary by medical complications of the pregnancy
Any additional living expenses, as approved by the court, but not in excess of $1,000
Birth Parent Expenses Not Allowed
Citation: § 35-46-1-9(b), (c)
Compensation for lost wages shall be offset by living expenses paid and any unemployment compensation to which mother is entitled.
Total expenses paid shall not exceed $3,000 unless approved by the court.
Payment of living expenses shall not extend beyond 6 weeks after the child's birth.
Allowable Payments for Arranging Adoption
Citation: § 35-46-1-9
Reasonable charges and fees levied by a licensed child placing agency or by a county office of family and children are permitted.
Allowable Payments for Relinquishing Child
Citation: § 35-46-1-9(a)
Except for expenses allowed, it is unlawful to transfer or receive property for waiving parental rights or consenting to adoption.
Accounting of Expenses Required by Court
Citation: § 35-46-1-9(c)
All fees and expenses paid must be disclosed to the court supervising the adoption.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Code § 31-19-9-1
Written consent to adoption must be executed by the following:
Each living parent of a child born in wedlock
The mother of a child born out of wedlock and the father of a child who has established paternity
Each person, agency, or county office of family and children having lawful custody of the child
The court having jurisdiction of the custody of the child, if the legal guardian or custodian of the person of the child is not empowered to consent to the adoption
The spouse of the child to be adopted, if the child is married
A parent who is under age 18 may consent to an adoption without the concurrence of the individual's parents or guardian unless the court, in the court's discretion, determines that it is in the best interest
of the child to be adopted to require the concurrence.
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Code § 31-19-9-1
A child age 14 or older must consent to the adoption.
When Parental Consent is not Needed
Citation: Ann. Code §§ 31-19-9-8 to 31-19-9-10
Consent is not required from any of the following:
A parent who is adjudged to have abandoned the child for at least 6 months immediately prior to filing of the petition
A parent of a child in the custody of another person who fails for a period of at least 1 year to communicate significantly or provide for the care and support of the child when able to do so
A biological father of a child born out of wedlock who has not established paternity
A biological father of a child born out of wedlock whose child was conceived as a result of rape, child molesting, sexual misconduct with a minor, or incest
A putative father whose consent to adoption is irrevocably implied, who established paternity after an adoption petition was filed, or who failed to register with the putative father registry
A parent who has relinquished the right to consent or whose rights have been terminated
A parent judicially declared incompetent or mentally defective
A legal guardian who has unreasonably failed to consent to the adoption
A parent who has been found to be unfit
A biological father who had denied paternity before or after the birth of the child
Consent to adoption is not required from a parent if the parent is convicted of committing any of the crimes listed below and the victim is the child’s other parent:
Murder, causing suicide, or voluntary manslaughter
An attempt to commit a crime described above
A crime in another State that is substantially similar to a crime described above
Consent to adoption is not required from a parent if the parent is convicted of any of the following and the victim is another child of the parent:
Murder, causing suicide, or voluntary manslaughter
Rape, criminal deviate conduct, child molesting, or incest
Neglect of a dependent or battery
When Consent Can Be Executed
Citation: Ann. Code § 31-19-9-2
The consent to adoption may be executed at any time after the birth of the child. The child's mother may not execute a consent to adoption before the birth of the child.
The child's father may execute a consent to adoption before the birth of the child if the consent to adoption:
Is in writing
Is signed by the child's father in the presence of a notary public
Contains an acknowledgment that the consent to adoption is irrevocable and the child's father will not receive notice of the adoption proceedings
Revocation of Consent
Citation: Ann. Code §§ 31-19-9-2(d);31-19-10-3; 31-19-10-4
A child's father who consents to the adoption of the child prior to the child's birth may not challenge or contest the child's adoption.
A consent to adoption may be withdrawn no later than 30 days after consent to adoption is signed, if the court finds that the person seeking the withdrawal is acting in the best interest of the person
sought to be adopted.
A consent to adoption may not be withdrawn after the entry of the adoption decree.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 31-19-5-12; 31-19-5-10
The putative father may file before the child's birth, within 30 days after the child's birth, or within 30 days of the date of the filing of a petition for the child's adoption, whichever occurs later.
Registration requires a completed Department of Health form, signed by the putative father and notarized.
Please visit adoption law in Indiana for more details. |