Does incarceration count as abandonment for adoption in Indiana?

Incarceration by itself is not labeled "abandonment" in the Indiana information we work from, so the answer depends on the other parent's contact and support with your child, not just on where he or she is. Whether a prison sentence alone counts is a question to confirm with the Circuit or Superior Court clerk in your county or with an attorney.

What Indiana law does say. Indiana sets an abandonment period of 6 months under Ind. Code § 31-19-9-8. Indiana courts can also move forward without the other parent's consent when that parent has failed to maintain meaningful contact or support. The focus is on what the parent has actually done for the child, not on the reason for the absence.

Questions worth asking about your situation:

• Has the incarcerated parent stayed in touch with your child, such as through letters, calls, or visits?
• Has he or she provided any support?
• How long has it been since any real contact or support?
• Has the parent asked to be involved, or has there been silence?

How these answers fit the 6-month period, and how a judge weighs them, is a fact-specific matter. If the other parent has kept in touch, or if you expect the parent to contest the adoption, talk to an attorney or the court clerk about your specific case.

If you don't know where the parent is. Indiana has procedures for giving notice by publication when the other parent cannot be located after reasonable efforts. Being unreachable is a different issue from being in prison, but the court still requires proper notice.

Other Indiana basics that may matter:

• Court: You file in the Circuit or Superior Court in your county.
• 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).
• Final hearing: Indiana requires one, and these are typically brief, positive proceedings.
• Timeline: Stepparent adoptions typically take 3-6 months.
• Cost: Court filing fees run about $200-$500, and the total typically comes to under $1,000. Attorney-handled adoptions often run $3,000-$5,000+.

Unpaid child support. Back support does not prevent an adoption in Indiana, though the adoption may not erase existing support obligations. The court can tell you how that applies to you.

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 Indiana county. You then file it yourself, without an attorney. The price is $349 for the first child and $99 for each additional child. Court-ready documents arrive within 24-48 hours after you finish the questions, and they come with our 100% court acceptance guarantee. We have helped 1207 Indiana families, and more than 34,000 families nationally since 2001. If the other parent's incarceration is part of your story, you can note it in your questions so your documents reflect your situation.