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The biological parent hasn't seen my child in over a year. Can I adopt in Indiana?

3 min readHelping families since 2001Indiana
In this answer · 1 sections

Yes, you may well be able to adopt in Indiana. The time you describe is longer than the six-month abandonment period in Ind. Code § 31-19-9-8, and that is a strong starting point. Whether the court proceeds without the other parent's consent still depends on the facts of your case.

What the six months means for you. Indiana courts can proceed without the other parent's consent if that parent has failed to maintain meaningful contact or support. Contact is one part of the picture. Support is the other, and the court will look at both. If the other parent has had some contact or has paid support, or if they object, the situation is more complicated. For that kind of contested question, ask an attorney or the Circuit or Superior Court clerk in your county.

Where you file. Your adoption goes to the Circuit or Superior Court in your Indiana county. Indiana has 92 counties, and the clerk can tell you about local filing details.

Other points that may apply to you:

  • Residency: Indiana has no minimum residency period (Ind. Code § 31-19-2-2).
  • Your marriage: Indiana doesn't set a minimum length of marriage, but courts want to see a stable relationship. Adoptions often go forward after about 3 months of marriage.
  • Your child's consent: If your child is 14 or older, their consent comes into play (Ind. Code § 31-19-9-1).
  • Home study: It is waived in stepparent adoptions (Ind. Code § 31-19-8-5).
  • If you don't know where the other parent is: Indiana has procedures for notice by publication when the parent can't be found after reasonable efforts.
  • Back child support: Unpaid support doesn't prevent an adoption. The adoption may not erase existing support obligations, so ask the court about your specific situation.
  • Final hearing: Indiana requires one. These hearings are typically brief and positive.

Time and cost. A stepparent adoption in Indiana typically takes 3-6 months. Court filing fees run about $200-$500, and the total is typically under $1,000. Attorney-handled adoptions often cost $3,000-$5,000 or more.

What to do next. Write down the last time the other parent saw your child, and any calls, messages, cards or support payments since then. Clear records make it easier to show the court the full picture. If the other parent has recently reappeared or might contest, talk to an attorney about that specific issue before you file.

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 and $99 for each additional child. Court-ready documents arrive within 24-48 hours after you finish the questions, and we offer a 100% court acceptance guarantee. We have helped 1207 Indiana families, and 34,000+ families nationally since 2001.

Stepparent adoption in Indiana at a glance

Court
Circuit or Superior Court
Residency before filing
No minimum period
Typical timeline
3-6 months
Court filing fee
$200-$500
Child must consent at age
14
Home study
Usually waived for stepparents
Indiana families we've helped
1,207

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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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