Fiancee wants to adopt son

What is the name of your state?What is the name of your state? Indiana

My son is 9 years old. He has not had any contact with his biological father. He has never tried to set up visitation or pay child support. I am engaged to be married this summer. My fiancee and son would like to proceed with an adoption after we are married. Do you have to wait a certain amount of time after you are married to proceed with an adoption? What could happen if the biological father will not terminate rights? Does he have any rights if he has never contributed to my son's welfare (emotionally or financially)?

terrysue said:

What is the name of your state?What is the name of your state? Indiana

My son is 9 years old. He has not had any contact with his biological father. He has never tried to set up visitation or pay child support. I am engaged to be married this summer. My fiancee and son would like to proceed with an adoption after we are married. Do you have to wait a certain amount of time after you are married to proceed with an adoption? What could happen if the biological father will not terminate rights? Does he have any rights if he has never contributed to my son's welfare (emotionally or financially)?

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Was paternity ever legally established? If not, then you have a slam dunk for an adoption. It may even be a slam dunk to do it without dad's permission even if paternity was established. He has clearly met the standards for abandonment.

However I do believe that it would be wisest to give your marriage some time before jumping into adoption.

As stated an important issue is if paternity was established. The state could in fact require that before doing anything. I don't believe Indiana has a length of time to be married but they do take in account how long you and your b/f have been together and he has taken over the role of parent.

IF paternity has been established they are required by law to contact the bio father. They are sent a 'notice of adoption' which states that a petition for adoption has been filed. It states that consent is not required based on the facts of abandonment. The letter lets the bio know that if he wishes to contest the adoption they are required to file a motion in accordance with IC 31-19-10-1 within in 30 days of service. The letter states that if there is no response consent is implied. The state of Indiana also requires a home study done by the Offices of Family and Children.

Also note that even though bio is given 30 days to file to contest and the letter says that's all the time they have that's not exactly true. An adoption can be contested for up to a year after the finalization.

The biological father's name is not on the birth certificate, nor has paternity been established.

I appreciate your responses. I plan to contact a lawyer to find out what it will all entail and cost.