Filing a Step Parent Adoption without Consent of the Other Parent
If your spouse wants to adopt your child, or if your child’s stepparent wants to adopt your child, you may be wanting to know more about the step parent adoption process. You may also be wanting to know if it possible to go through with an adoption if the child’s other parent does not consent.
In Indiana, a stepparent adoption without consent is possible in four situations which are set out in Indiana Code § 31-19-9-8. These situations are explained below:
Lack of Communication. The first situation involves a lack of communication and specifically involves the parent going a year without significantly communicating with your child without justifiable cause.
Failure to Pay Child Support. The second situation involves not paying child support for a year when financially able to provide support.
The Parent is Unfit. The third situation involves unfitness of the parent. An example would be unfitness due to criminal activity or chronic substance abuse.
Parent Only Made Token Efforts to Support or Communicate. The fourth situation involves the parent only making token efforts to support or communicate with your child. This essentially means that the parent has only made a minimal effort to support, communicate or care for his or her child.
If you believe one of these exceptions is present in your situation, you may be able to proceed with an adoption without the consent of the biological parent. A few things are important to remember though. First, they must be served with notice of the action. Second, they have a right to contest the adoption and be heard on consent. Third, it is up to you to prove that one or more of those four situations are present in you case. When making this case, the burden of proving the situation is clear and convincing which is a higher burden of proof. So you need to begin to gather documentation about support and communication early in the process so that you will be able to prove your case in court. You will also want to consult with an attorney to review your specific situation to gather more ideas on how you can build a case around one of these four situations.