When a divorced parent or a single parent whose child was born out of wedlock gets married, it is common for her new spouse to adopt her children. There can be numerous reasons for the adoption, including health insurance issues, inheritance rights and, perhaps most importantly, to create the familial bond as the newly formed family begins its life together.
There are specific steps that must be taken in order for a stepparent adoption to take place, and the process can become quite complex for people who are not familiar with it. If you are a stepparent who is interested in adopting your spouse’s child, seeking the advice of an experienced Indianapolis stepparent adoption lawyer can be invaluable.
What Is The Process For My Husband Adopting My Child In Indiana?
The attorneys at the law firm of Kirsh & Kirsh, P.C., have been providing comprehensive representation in all aspects of the stepparent adoption process for more than 30 years. We understand the unique bond between stepparents and their stepchildren, and we are happy to help you take the important step of solidifying that bond through adoption. We will walk you through every step of the process and address any issues that may arise along the way.
Consent Of The Noncustodial Parent
In cases involving a divorced parent who remarries, the divorced parent must obtain the consent of the biological father or mother before a stepparent can adopt a child. However, this is not always necessary. Indiana adoption law has provisions by which a stepparent can adopt a child without the consent of the noncustodial, biological parent.
No consent is necessary in a stepparent adoption if any one of the following four circumstances apply:
- The noncustodial parent has abandoned the child for more than six months.
- The noncustodial parent has failed to support the child for more than one year or failed to make court-ordered child support payments.
- The noncustodial parent has failed to significantly communicate with the child for more than one year.
- The noncustodial parent is unfit to parent the child. Issues such as drug abuse, mental illness or imprisonment may indicate unfitness.
Indianapolis adoption lawyers Steve and Joel Kirsh can help you determine whether you need the consent of the biological parent or can terminate his or her parental rights in court.
Contact Our Indianapolis Adoption Attorneys
If you are considering an Indiana stepparent adoption, please contact Kirsh & Kirsh 24 hours a day, seven days a week, 365 days a year. We will help you through the stepparent adoption process, and if necessary, go to court to prove that the consent of the noncustodial parent is not necessary. We are the only law firm in Indiana, and among the few in the entire country, dedicated solely to adoptions. We would like to let our experience work for you.
Read our brochure for adoptive parents for more information.