Indiana Adoption Laws

Indiana Adoptions

Adopting a child can be a confusing process. The family law attorneys at Bernhardt Phillips represent clients in all types of adoptions in Indianapolis, and throughout the State of Indiana, including, but not limited to, uncontested adoptions, step-parent adoptions, adult adoptions, same-sex adoptions, and even juvenile adoptions involving the Department of Child Services. Whether you are seeking to file an adoption or were served with paperwork indicating that someone else filed for adoption over your child, the skilled adoption attorneys with Bernhardt Phillips can answer all your questions. Schedule your free consultation now.  

Indiana Adoption Consent

When dealing with an adoption of a minor child we will always need to address consent of the biological parents. It can be as simple as a parent signing and notarizing a consent form consenting to the other parent’s new spouse adopting their child, but what happens if you don’t know who the other parent is or where they live currently? What do you do if the other parent won’t consent? 

Indiana Code 31-19-9-8(a) details situations in which a parent’s consent would not be required to proceed with an adoption. While on paper these may seem straightforward, the way they are interpreted by the various courts throughout Indiana, and even by the Indiana Court of Appeals, can sometimes differ. It is important to have knowledgeable adoption attorneys like those at Bernhardt Phillips, who do adoptions regularly and are up to date on the latest case law, representing you through this important matter. 

Adoptions with Department of Child Services

Every day in Indiana children are removed from their parents by the Department of Child Services for abuse or neglect. If those parents are unable to correct the situation, then a Court may make the determination to terminate those parents’ parental rights, and have their children placed for adoption. The attorneys at Bernhardt Phillips represent clients in juvenile CHINS actions, juvenile termination actions, and adoptions that occur through the juvenile system as well. 

Adoptions from the juvenile court system are generally far more complex than a standard adoption as the parents will be required to negotiate a per diem subsidy for the child with the Department of Child Services. Once the adoption is granted, and DCS is no longer involved with the case, then the adoptive parents will be solely responsible for the costs associated with raising a child when these costs may have been previously paid for by DCS while the juvenile CHINS and juvenile termination matters were pending. It is important to have an attorney who knows all phases of the juvenile court system on your side, so that you can complete the process correctly and receive the money necessary to help with the child’s ongoing care. 

The attorneys at Bernhardt Phillips will be able to guide you through all aspects of your DCS case, including the adoption and per diem negotiations. If you or a loved one is considering adopting a child through the Indiana Department of Child Services, then contact Bernhardt Phillips for your free consultation today. 

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