Step Parent Adoption

Step-Parent Adoption

In many families, a step-parent is the only parental figure a child has ever truly known. They help raise, guide, and love the child as their own. But without legal adoption, step-parents have no legal rights to make decisions or care for their stepchild—no matter how strong the bond may be.

 

How Does a Step-Parent Adopt?

Step-parent adoptions in Indiana typically fall into two categories:

The Easier Path (Uncontested Adoption)

If the biological parent (often uninvolved) consents to the adoption, the process is more straightforward. Consent can be signed before or after the adoption petition is filed. Once finalized:

  • The consenting biological parent’s rights are terminated
  • The legal parent married to the step-parent retains their rights
  • Any existing child support or visitation orders from the terminated parent end
  • The step-parent becomes the child’s legal parent

The More Complex Path (Consent Not Required)

If the biological parent refuses to consent or cannot be located, Indiana law provides a path under Indiana Code 31-19-9-8, allowing adoption without that parent’s consent under specific circumstances.

These cases can be complex—but many are successful, depending on the facts. The best first step is to consult with us. Berry & Domer offers consultations by phone, text, or in-person at 812-336-8300 to help determine whether your case qualifies.

 

What Happens After the Adoption?

Once finalized, the step-parent becomes the legal parent of the child—with full rights and responsibilities. This includes:

  • Legal authority to make medical, educational, and custodial decisions
  • Establishing inheritance rights
  • Ensuring the child remains in their care, even if something happens to the biological parent spouse

 

Why Consider Adopting as a Step-Parent?

Under Indiana law, a step-parent has no legal authority over a stepchild unless they adopt. That means:

  • No rights to custody or visitation
  • No say in medical, legal, or school decisions
  • If the biological parent spouse passes away, custody would revert to the other biological parent—even if that parent is unknown, absent, or uninvolved

Adoption provides stability, continuity, and protection for your role in the child’s life.