Indiana law on Adopting stepchild

[timrichard]

I am wanting to adopt my step daughter. The biological father stopped seeing or calling her in early January of this year. Her mother also stopped recieiving support at the same time. Is there a time period that is involved with how long we would have to wait to file a petition for adoption? And what is the time period? What are the bio-father's rights? Would he be able to stop the petition?

 

[tigger22472]

The law in Indiana states that no contact and no support for one year and a step-parent that has been married to the bio-parent for at least one year can petition to have the step-parent adopt even if the bio-parent doesn't agree. If you have been married more then one year and the dad willingly wants to do that he will need to keep in mind he will still owe any back support due but he can stop future support by agreeing.

 

[Seanscott]

You can ask the court for a waiver on the one-year marriage rule. If the biodad wants to make things difficult, the adoption process can take a long time - over 6 months. If he wants to co-operate, it can be done very quickly.

The age of the stepdaughter, and how she feels toward you & the biodad can also play an important part.

After one year of no contact, the court may decide the stepdaughter is an abandoned child and terminate the biodad's rights.

Good luck, Dorene on this board is very knowledgeable & helpful.

 

[dorenephilpot]

Awwww, thanks, seanscott.

What the other Hoosiers stated in their posts is correct: You can do an adoption without his permission or consent if he hasn't had contact or paid support in a year.

Alternatively, he might be willing to sign a consent, which would get him off the hook for future support.