Indiana Adoption Law: What Birth Mothers, Adoptive Families and Adoptees Need to Know
Adoption is a life-changing experience — and understanding Indiana adoption laws is the first step in making sure your journey is safe, legal and supported. Whether you’re a birth mother considering adoption, an adoptive family ready to grow, or an adoptee seeking answers, knowing your rights and responsibilities under Indiana law can help you move forward with confidence.
With the right legal information, you can navigate adoption in Indiana with clarity and peace of mind.
Schedule a consultation today to speak with an Indiana adoption specialist about your next steps.
For Birth Mothers: Your Legal Rights
Can I choose adoption for my baby?
Yes. Birth mothers in Indiana have the right to choose adoption for their child. But consent has to be given in writing, voluntarily, and it must be approved by the court.
Once consent is given, the court will review the adoption petition. If everything meets the legal requirements, a final adoption decree will be given. This process ensures your rights are protected and that the adoption is legal and permanent.
Relevant Law: Ind. Code § 31-19-9-1
When can I give my baby up for adoption?
Indiana law only allows you to give legal consent after the baby is born. This ensures your decision is made after delivery, with time to fully consider your options.
Relevant Law: Ind. Code § 31-19-9-2
Can I get my baby back after adoption?
You can get your baby back after adoption, but only for up to 30 days after signing your consent to adoption and the request to withdraw that consent.
Consent to adoption must be approved by the court, agreeing that it’s with the best interests of the baby, and be aware that consent becomes irrevocable once it is approved by the court or the 30 day period passes unless fraud or duress can be proven.
Relevant Law: Ind. Code § 31-19-10-3
Can you do adoption without the father's consent?
Sometimes, yes.
Consent from the birth father is required if:
- He was married to the birth mother at the time of birth or conception
- He has legally established paternity through the courts or the Putative Father Registry.
- He has demonstrated a significant commitment to parenting, including providing financial and emotional support.
Consent is not required if:
- He has not registered with the Indiana Putative Father Registry within 30 days of the child's birth.
- He has abandoned the child or failed to provide support.
- His identity or whereabouts are unknown and cannot be found with reasonable effort.
- He has had his parental rights legally terminated.
Relevant Law: Ind. Code § 31-19-9-1
Do both birth parents have to sign adoption papers in Indiana?
No. Both parents signing the adoption consent papers in Indiana depend on the birth father’s legal status and involvement.
Relevant Law: Ind. Code § 31-19-9-1
Can I get paid for adoption?
No. You cannot be paid for adoption itself; it’s a criminal offense to receive money in exchange for your consent to adoption.
You can, however, receive financial assistance for adoption and pregnancy-related expenses determined by the courts.
Relevant Law: Ind. Code § 35-46-1-9
Can you choose who adopts your baby?
Yes. You have the right to help select the adoptive family, as long as the placement is in the child’s best interests and approved by the court.
Relevant Law: Ind. Code § 31-19-11
Can people from a different state adopt my baby?
Yes, but the placement must follow the Interstate Compact on the Placement of Children (ICPC) process to ensure it meets all legal standards.
Relevant Law: Ind. Code § 31-28-4
Can I give my baby up for adoption without any agency?
Yes. Independent adoptions are legal in Indiana, though they must still comply with all legal requirements.
Relevant Law: Types of Adoption in Indiana
Can my spouse adopt my child?
Yes. Indiana allows your spouse to adopt your child via stepparent adoption.
Relevant Law: Ind. Code § 31-19-15-2
Can my family adopt my baby?
Yes. Kinship and relative adoptions have established guidelines for an unlicensed relative or kin who want to become an adoptive parent with the intent of adopting a child from the Indiana Department of Child Services.
Relevant Law: Kinship Guardianship in Indiana
Can you anonymously put a baby up for adoption?
Yes. Indiana’s Safe Haven law to surrender your newborn anonymously, as long as the baby has been unharmed. The state will then take custody of the child, and after efforts have been made to locate or reunify the infant with their parents or family, a guardian ad litem or a court appointed special advocate will file a petition to terminate parental rights.
Relevant Law: Ind. Code § 31-34-2.5-1
Can I have contact with my child after the adoption?
Yes. Indiana permits legally enforceable post-adoption contact agreements (PACAs) when agreed upon and approved by the court.
Relevant Law: Ind. Code § 31-19-16
How does tribal adoption work for Native American children?
Tribal adoptions for Native American children are regulated through the Indian Child Welfare Act (ICWA). The ICWA applies to all eligible Native American children, ensuring tribal notice and placement preferences are respected.
The ICWA gives an Indian child’s parent or custodian and the tribe the right to intervene or request transfer to their tribal court in any state proceedings involving an Indian child.
Relevant Law: Indiana ICWA Guidelines
Can I drop my baby off at a fire station?
Yes. Indiana’s Safe Haven Law allows the anonymous surrender of unharmed infants up to 30 days old at approved locations.
Relevant Law: Ind. Code § 31-34-2.5-1
What rights do biological parents have after adoption?
Once an adoption is finalized, biological parents relinquish all legal rights and responsibilities. Contact may be maintained through a PACA if previously agreed.
Relevant Law: Ind. Code § 31-19-15
For Adoptive Families: Starting Your Family with Confidence
Do you have to be married to adopt in Indiana?
No. Both single adults and married couples may adopt under Indiana law. But a husband and wife must petition together unless the spouse is married to the biological or adoptive mother or father of the child.
Relevant Law: Who May Adopt in Indiana
How old do you have to be to adopt a baby?
You must be at least 21 years old to adopt in Indiana.
Relevant Law: Indiana Adoption Age Requirements
Do you need a home study for a private adoption in Indiana?
Yes. The first line on Indiana’s adoption program website states, “The home study is an adoption preparation assessment that is required for any family wishing to adopt.”
Relevant Law: Indiana Adoption Program – Home Study Process
Do you need a home study for an independent adoption?
Yes. No matter what type of adoption you pursue in Indiana, a home study is a required part of the process.
Relevant Law: Indiana Adoption Program – Home Study Process
Can you adopt without an agency?
Yes. Indiana permits independent adoptions, though legal and procedural requirements must still be followed.
Ind. Code § 31-28-6-1 specifically outlines how jurisdiction is handled in private or independent adoptions. State law says that the sending state “retains jurisdiction over a child with respect to all matters of custody and disposition of the child which it would have had if the child had remained in the sending state.”
Relevant Law: Ind. Code § 31-28-6-1
What are the steps to adopt?
- Step 1: Decide if adoption is right for you
- Step 2: Choose an adoption professional
- Step 3: Complete your home study
- Step 4: Match with a prospective birth mother
- Step 5: Finalize your adoption in court.
Can you adopt a child from another state?
Yes. The Interstate Compact on the Placement of Children (ICPC) governs the legal placement of children across state lines.
Relevant Law: Ind. Code § 31-19-1-1
Can we advertise for a birth mother?
No. You cannot legally advertise for a birth mother unless you are a licensed professional.
Relevant Law: Ind. Code § 35-46-1-21
Can a birth father stop an adoption?
Yes, if he establishes legal paternity and does not consent. Otherwise, the court may find his consent unnecessary.
Relevant Law: Ind. Code § 31-19-2.5
What if the birth parents don't sign adoption papers?
The court may terminate parental rights involuntarily under legal grounds if consent is not given and circumstances meet statutory criteria.
Relevant Law: Ind. Code § 31-35-2-4.5
When is an adoption finalized in Indiana?
An adoption is finalized after the post-placement period and a court hearing where the adoption decree is issued.
Relevant Law: Ind. Code § 31-19-11-1
Can birth mothers change their mind?
Yes, but there is a very limited window during which this is possible.
If the birth mother has signed the consent papers and it’s before 30 days have passed, a court can reverse consent if it’s found to be for the best interest of the child.
Relevant Law: Ind. Code § 31-19-10
Are adoptive parents on the birth certificate in Indiana?
Yes. A new birth certificate is issued once the adoption is finalized. This birth certificate lists the adoptive parents as the legal parents.
Relevant Law: Ind. Code § 31-19-13
What rights do adoptive parents have after adoption?
Once the rights of the birth parents are terminated and an adoption is finalized, adoptive parents have full duties and obligations to the adopted child.
Inheritance rights are also given to the adopted child, to be treated as a natural child of the adoptive parents.
Relevant Law: Ind. Code § 29-1-2-8
Are open adoptions legally binding in Indiana?
Yes, if all parties agree and the court approves, post-adoption contact agreements may be enforceable.
State law makes adoptive parents acknowledge that post adoption contact agreements give the birth parents “the right to seek to enforce the postadoption privileges set forth in the agreement.”
Relevant Law: Ind. Code § 31-16-3
Does ICWA apply to private adoptions in Indiana?
Yes. The Indian Child Welfare Act (ICWA) applies regardless of whether the adoption is private or through the state.
What support is available after adoption?
Indiana offers post-adoption support for adoptive families that meet certain criteria through services like counseling, financial aid for children with special needs, support groups, case management, and Medicaid
Relevant Law: Ind. Code § 31-19-26.5
For Adoptees
If you were adopted in Indiana and want access to your adoption records or to reconnect with your birth family, you have rights to request identifying or non-identifying information.
If your adoption was completed through American Adoptions, we can guide you through this process.
What’s Next?
Understanding Indiana adoption laws empowers you to make the best possible decisions for yourself and your family.
Whether you're placing a baby for adoption, growing your family, or seeking answers as an adoptee — knowledge is your strongest ally.
Fill out our online contact form today to take the next step with guidance from a trusted adoption specialist. We’re here for you whenever you need us.
Disclaimer
Information available through these links is the sole property of the companies and organizations listed therein. American Adoptions provides this information as a courtesy and is in no way responsible for its content or accuracy.