The short answer is, it depends. Generally speaking, a court may only grant a petition to adopt a child if written consent to adoption is executed by the child’s parents. However, like most everything in life, exceptions apply. But when do these exceptions apply? What are the circumstances when a parent’s consent is not required? In this blog, we provide a brief overview of when a parent’s consent to adoption is required and when consent may be waived. Adoptions in Indiana are governed by statutory law. Thus, when going trying to determine whether consent is required, it is necessary to review ...
Tag: child adoption
July 28, 2020CD
For many of us, Grandparents played an important role in our lives. Now more than ever, grandparents seem to be actively involved in the raising of their grandchild(ren). In many instances, a grandparent may be raising their grandchild all together. If you have found yourself in such a situation, or you know someone who is, you may be wondering, “can I get custody of my grandchild?” This blog provides a brief overview for grandparents who are exploring options for obtaining custody of a grandchild they are raising. A few things to point out before discussing the different options. First, Indiana makes ...
November 8, 2019CD
Adoption (which is hand in hand with termination of parental rights) is unique in that it can completely sever forever and all time a natural (or prior adoptive parent) parents (constitutional and fundamental) right to raise his or her own child with limits on a state’s right to interfere. The way adoption does this in legal terms is by consent of every person with a legal interest in the adoptive child’s right. In many cases, written consent under the Adoption Act1 may be waived. However, unless given in writing or found unnecessary by an adoption court under the statutory provisions, an ...
February 19, 2015CD
According the Census Bureau, in 2009, 7.8 million children lived with at least one grandparent, a 64% increase since 1991, when 4.7 million children lived with a grandparent1. While the census only addresses grandparents raising their grandchildren, this is a strong indicator of trends in society wherein more third parties (grandparents, aunts/uncles, friends, etc.) are raising the children of other people. When these situations present themselves, there are many legal issues that need to be addressed. First, as a general rule, there is a strong presumption both in the United States, and in particular in Indiana, that a child’s best interests ...
June 5, 2014CD
There are two general types of adoptions of a minor child. The new family adoption, and the step-parent adoption. First, the new family adoption, which terminates both the Mother and Father’s parental rights, and the new family (new mother and father) acquire the same parental rights as the biological parents once had.1 The second type of adoption is commonly known as “step-parent” adoption. A step-parent adoption only divests one parent of his or her parental rights in lieu of the step-parent acquiring parental rights. For example, biological mother and step-father wish for step-father to adopt mother’s child; the biological father’s rights terminate, ...
June 25, 2013CD