One of my stepchildren's father consents but the other's doesn't — can I still adopt both in Indiana?

You may be able to adopt both children in Indiana, because a father's lack of consent does not automatically end a stepparent adoption. Indiana courts can proceed without a parent's consent if that parent has failed to maintain meaningful contact or support. Whether that applies to your stepchild's father depends on the facts of his situation.

How each father affects the case:

• The father who consents: His signed consent is the straightforward path for that child.
• The father who doesn't consent: The court will look at his contact and support. Indiana's abandonment provision, Ind. Code § 31-19-9-8, uses a 6-month period. How it applies to his history is a question for the Circuit or Superior Court clerk or an attorney.
• If he can't be found: Indiana allows notice by publication when a parent cannot be located after reasonable efforts.
• If he owes back child support: Unpaid support does not prevent an adoption in Indiana. The adoption may not erase support already owed, so ask the court about your specific situation.

Other Indiana points that apply to both children:

• Court: Your petition is filed 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's own consent is required at age 14 (Ind. Code § 31-19-9-1). This matters if either stepchild is 14 or older.
• Home study: It is waived for stepparent adoptions (Ind. Code § 31-19-8-5).
• Marriage length: Indiana sets no minimum, but courts want to see a stable relationship.
• Final hearing: The hearing is typically brief and positive.

Cost and timeline: Court filing fees in Indiana typically run $200-$500, and the total cost is typically under $1,000 when you do it without an attorney. Stepparent adoptions usually take 3-6 months. A disputed or hard-to-serve case may take longer, and the clerk can tell you how your county handles it.

What to confirm locally: Ask the clerk whether the court handles two children with different fathers in one petition or in separate filings. Also ask whether the filing fee is charged per child. If the father who isn't consenting objects, or if you aren't sure whether his history meets the abandonment standard, talk with an Indiana family law attorney about that issue before you file.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online about each child and each father, and we prepare the complete court document package for your county. You then file it yourself, without an attorney.