Filing a Stepparent Adoption Without Consent in Indiana
If your spouse or your child’s stepparent wants to legally adopt your child, you may have questions about the step-parent adoption process. One major concern may be whether it’s possible to proceed without the consent of the child’s other biological parent.
In Indiana, a stepparent adoption without consent is possible under certain legal circumstances. Indiana Code § 31-19-9-8 outlines four specific situations in which parental consent may not be required:
Circumstances Allowing Adoption Without Parental Consent
1. Lack of Communication
If the noncustodial parent has failed to significantly communicate with the child for at least one year without justifiable cause, their consent may not be required.
2. Failure to Pay Child Support
If the parent has failed to provide financial support for at least one year despite being financially able to do so, the court may waive the consent requirement.
3. Parental Unfitness
If the biological parent is deemed unfit, their consent may not be necessary. Common factors that could indicate parental unfitness include:
Criminal activity
Chronic substance abuse
Neglect or abandonment
4. Minimal or Token Efforts to Support or Communicate
If the parent has made only token efforts to support, communicate, or care for their child, their consent may not be required. Token efforts refer to minimal, insincere, or sporadic interactions that do not reflect genuine parental involvement.
What You Need to Know About the Process
If you believe that one or more of these exceptions apply to your case, you may be able to proceed with a stepparent adoption without the other parent's consent. However, it’s important to keep the following factors in mind:
Notice Requirement – The biological parent must be formally served with notice of the adoption proceedings.
Right to Contest – The noncustodial parent has the right to contest the adoption and present evidence in court.
Burden of Proof – It is your responsibility to prove that one or more of these legal exceptions apply. Courts require proof by clear and convincing evidence, which is a high legal standard.
Additional Resources on Stepparent Adoption
For a broader understanding of the stepparent adoption process, read our guide: Adopting Stepchildren in Indiana - A Guide.
If you're also considering third-party custody options, you may find this helpful: Obtaining Third-Party Custody in Indiana.
Preparing for a Contested Stepparent Adoption
If you anticipate the other parent may contest the adoption, it is crucial to start preparing early. Steps you can take to strengthen your case include:
Documenting missed child support payments (bank records, court orders, and payment history)
Keeping records of missed or minimal communication (texts, emails, call logs)
Gathering evidence of parental unfitness, such as criminal records or substance abuse history
Consult an Experienced Family Law Attorney
Stepparent adoption cases without consent can be complex, and Indiana courts take these matters very seriously. Seeking legal guidance can help you:
Assess whether your case qualifies under Indiana law
Gather and present compelling evidence
Navigate legal procedures and court hearings
📞 Call Vining Legal at (317) 759-3225 or schedule a consultation today: Click Here.
Understanding your rights and responsibilities is key to achieving a successful stepparent adoption. Don’t wait—start preparing your case today.