what if the other parent does not want to terminate his rights?

You do not need the other parent to voluntarily terminate their rights. This is one of the biggest misconceptions about stepparent adoption, and I'm glad you asked.

Here's the reality: Over 80% of the 34,000+ adoptions we've helped families complete were finalized WITHOUT the other parent's consent. The court completes these adoptions all the time.

## How It Works

If the other parent has abandoned the child — meaning they've failed to maintain meaningful contact for the required period — the court can terminate their rights involuntarily and approve the adoption. In Indiana specifically, you have three separate grounds:

1. Abandonment/desertion for 6 months

2. Failure to communicate for 1 year

3. Failure to support for 1 year

You only need to prove ONE of these.

Important: "Token contact" like an occasional phone call or one visit does NOT count as maintaining a parental relationship. The court looks at whether they've truly been an active parent in the child's life.

Also, paying child support does NOT prevent the adoption. Abandonment is about the relationship with the child, not payments. Many parents pay support (especially if military or to keep their job) but have zero parental contact — the court can still find abandonment.

## What the Court Cares About

The court wants the child to have the unity and security of a two-parent home. When one parent has been absent and your spouse has been filling that parental role, the court is very receptive to approving the adoption without the absent parent's cooperation.

Don't worry — the Indiana courts are very familiar with completing stepparent adoptions when the other parent refuses to cooperate. This is extremely common and the court handles it regularly.

Does this help clarify things? Do you want to tell me a bit more about your specific situation — like how long it's been since the other parent had meaningful contact?