Can a father on a life sentence have his parental rights terminated in Indiana?

Yes, it can happen. In Indiana, a stepparent adoption can go forward without the other parent's consent if he has failed to maintain meaningful contact or support, and that can include a father serving a life sentence. Whether the sentence alone is enough is a fact-specific question, so confirm it with the Circuit or Superior Court clerk in your county or with an attorney.

How Indiana approaches it:

• No separate termination case. Indiana does not require a separate termination case before a stepparent adoption. The question of the father's rights is handled within the adoption itself, in the Circuit or Superior Court in your county.
• Consent is not always needed. Indiana courts can proceed without a parent's consent when that parent has not kept up meaningful contact or support.
• Abandonment period. Indiana's abandonment period is 6 months, found at Ind. Code § 31-19-9-8. If your child's father has gone that long without meaningful contact or support, this is the provision to look at.
• Unpaid child support. Back support does not prevent an adoption, although the adoption may not erase an existing support obligation.

What depends on your facts:

• Whether a father in prison has kept in touch through letters, calls, visits or support is a question for the court. Those details can matter a great deal.
• If he contests the adoption, the outcome depends on the specific circumstances. Consider talking with an attorney about a contested case.
• How a person in a correctional facility is formally notified of the case is something the clerk's office can explain.
• If you do not know where he is, Indiana has procedures for notice by publication after reasonable efforts to find him.

Other Indiana basics:

• Residency: Indiana has no minimum residency period (Ind. Code § 31-19-2-2).
• Child's consent: A child who is 14 or older must consent (Ind. Code § 31-19-9-1).
• Home study: It is waived in stepparent adoptions (Ind. Code § 31-19-8-5).
• Hearing: There is a final court hearing, which is usually brief and positive.
• Timeline: A stepparent adoption typically takes 3-6 months.
• Costs: Court filing fees typically run $200-$500, and the total is typically under $1,000, compared with $3,000-$5,000+ with an attorney.
• Birth certificate: After the adoption, the Indiana State Department of Health Vital Records handles the updated birth certificate.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The price is $349 for the first child, plus $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and our 100% court acceptance guarantee applies. We have helped 1207 Indiana families, and more than 34,000 families nationally since 2001. If your situation involves a contested question, such as a father who objects, an attorney can advise you on that part.