Generally, Indiana law requires the consent of the parents to adopt a child. Although, there are some exceptions to this rule; If the parent's rights have been terminated as a result of abuse or neglect of the child, then their consent is not necessary. Additionally, if the individual seeking to adopt the child can prove that the parent has not rendered substantial support for the child, or had significant contact with the child, the adoption may be granted without the parent’s consent.
Consent is not required if the parent’s rights have been terminated or if the court finds the parent has abandoned the child for six months.
If the court determines that the parent’s consent has been given, or that it is not necessary, it may grant the adoption, so long as it finds that it is in the best interest of the child.
Once granted, adoption is permanent. This is accurate, unless, the natural parent can present any inappropriate conduct displayed by the adopting parents. An example would be if the adopting parents committed fraud on the court; It is rare for an adoption to be reversed.
Likewise, if the adopting parent seeks to reverse the adoption, they must do so only with the permission of the court. An individual must be sure they want to adopt a child since they would only be able to reverse the adoption with the court’s permission.
After the child is adopted, they are treated like any natural born children for purposes of inheritance.
Indiana law, also contains a provision for adopting adults. When an adult is being adopted, it is not necessary to obtain the consent of the parent.
The Law Offices of Steven K. Deig, LLC have experience in the adoption category and would be glad to answer any questions you may have regarding this area of the law. If you decide adoption is appropriate for you, we are here to help.