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In order to complete a stepparent adoption, you must get the other parent's consent in writing, show a reason they do not need to consent (deceased, not the biological parent) or ask the court to end their rights as a parent.
While you cannot legally surprise your stepparent with the actual adoption, you can certainly make approaching the subject a special occasion. Pick out a beautiful card, serve a professionally decorated cake, or take your stepparent out to dinner.
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.
A stepparent does not have an independent right to adopt. Instead, the stepparent must have the consent of the biological parent whose rights are being terminated. However, the need for consent may be waived in some situations where that person cannot be found or has abandoned the child.
The stepparent must file a petition with the circuit court, and certain supporting documents must also be filed. The court must find that the mother and father have either provided consent or that their consent is not necessary.