Indiana Petition or Application by Husband and Wife to Adopt a Minor With Consent of Biological Mother and Father of Child
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How to fill out Petition Or Application By Husband And Wife To Adopt A Minor With Consent Of Biological Mother And Father Of Child?
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FAQ
In regards to step-parent adoption in Indiana, Indiana Code 31-19-9-1 states that a petition to adopt a child (under the age of 18) can only be granted if written consent to adoption has been executed by each living parent of the child and the child if they are over the age of 14.
Second parent adoptions will require all the steps of a stepparent adoption with one possible addition. In stepparent adoptions, the court may waive the requirement of the full home study and only require the background checks for the adopting stepparent.
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.
Under Indiana law, step parents have no legal authority over a step child. This is true even if the step parent has been a parental figure during the child's entire life. A step parent who does not adopt his step child cannot obtain custody, be granted visitation or make legal and medical decision for the step child.
The biological father's consent is necessary even if he is not married to the mother. The law does not distinguish between married and unmarried parents on this point. It says that the written consent of the biological parents is indispensable for the validity of a decree of adoption.
Required Consents The consent of the child's mother, if she is living, is required by law to complete an adoption. The consent of a child's father who has established paternity or signed a paternity affidavit is also required.
The step-parent seeking to adopt must file a petition in the county where the family resides. The spouse's consent should accompany the petition. The statutory provisions are complex, but as a general rule, notice to the birth parent of the proposed adoption is required.