Understanding Step-Parent Adoption in Indiana
Step-parent adoption is one of the most common types of adoption in Indiana. When a step-parent wants to become the legal parent of their spouse’s child, they must go through a legal adoption process. While step-parent adoption can be simpler than other types of adoption, it still requires following specific legal steps.
This guide explains how to adopt your stepchild in Indiana, including when parental consent is required, how to waive consent, and what to expect during the court process.
📌 Related Reading: How to Modify a Child Custody Order in Indiana
Step 1: Determining if Consent is Required
Before proceeding with step-parent adoption, you must determine whether the other biological parent’s consent is required.
✔️ When is Parental Consent Required?
If the other parent has maintained a relationship with the child.
If the other parent has regularly paid child support.
If the other parent is actively involved in the child’s life.
✔️ When Can You Adopt Without Consent?
Indiana law allows step-parent adoption without the other parent’s consent in the following situations:
1️⃣ Lack of Communication:
If the other parent has gone one year without significant communication with the child without justifiable cause, their consent is not required.
2️⃣ Failure to Pay Child Support:
If the other parent has not paid child support for at least one year, and they were financially able to do so, their consent is not required.
3️⃣ Parental Unfitness:
If the other parent is deemed unfit due to:
Criminal activity
Chronic substance abuse
Neglect or abuse
Severe mental illness impacting parenting
4️⃣ Token Efforts:
If the other parent has made only minimal efforts to support, communicate, or care for the child, their consent can be waived.
📌 Related Law: Indiana Adoption Consent Exceptions
Step 2: Filing the Step-Parent Adoption Petition
Once you determine consent is obtained or not required, the next step is filing a Petition for Step-Parent Adoption in your county’s court.
✔️ The petition must include:
Your relationship to the child.
The child's date of birth and current living arrangements.
Whether the biological parent consents (or why consent is not required).
Any relevant child support or custody orders.
📌 Need Help Filing? Schedule a Consultation
Step 3: Background Check Requirement
Unlike other types of adoption, step-parent adoptions do not require a home study. However, Indiana law does require step-parents to pass a criminal background check before adoption is approved.
✔️ Common Background Check Inquiries:
Criminal record (felonies, domestic violence, drug offenses).
Past allegations of child abuse or neglect.
Substance abuse history.
Step 4: Attending the Adoption Hearing
Once your background check clears, the court schedules an adoption hearing.
🔹 What Happens at the Adoption Hearing?
The judge reviews your case to ensure adoption is in the child’s best interests.
If the other parent contests the adoption, they may testify.
If all requirements are met, the judge finalizes the adoption.
Step 5: Finalizing the Adoption
Once the court approves your adoption, you will receive a Final Decree of Adoption. This legally establishes you as the child's parent, giving you:
✔️ Full parental rights and responsibilities.
✔️ The ability to change the child’s last name (optional).
✔️ The right to make all legal, medical, and educational decisions for the child.
📌 Related Reading: Understanding the Best Interests of the Child Standard
Do You Need an Attorney for a Step-Parent Adoption?
While step-parent adoptions can be simpler than other types of adoption, they can still be complicated—especially if the other parent contests the adoption.
✔️ An experienced family law attorney can:
Prepare your adoption petition correctly.
Advise you on parental consent issues.
Present a strong case in court if consent is contested.
Ensure compliance with Indiana adoption laws.
📞 Call or text (317) 759-3225 or Schedule a Consultation today to discuss your step-parent adoption case.