Indiana adoption laws?

Question

This woman has asked my finacee and I to adopt her child when it is born. We are willing but, she wants to put my finacee on the birth certificate and then give him all rights to the child. She says this is a legal and easy way to do it

Answer 1

If you aren't ready for marriage, are you ready for a child?  

If you are, there are several laws that come into play here.  First of all, there is the fact that you aren't married.  You'll have to have a home study, where you won't be allowed to live together.  He can adopt as a single parent, but the law will require him to have a home study in all states.  If you do get married, there can be a waiting period of a few years.  From what I've seen, ones in your area costs around $1200.00 to be completed.  You'll also have to have an attorney to complete the paperwork, which is relatively simple, but each state has different laws, and there are simple ways an adoption can be blown, such as I adopted a baby and the biological parents both signed the consent papers.  The attorney caught the fact that even though she had been separated from her husband for over a year, since they were legally married still, he could have taken the child.  It is little things that there is so little information on these laws on the internet that can blow an adoption, and that is hard on the child.  Once the adoption is final, then if the 2 of you get married, you'll have to do a stepparent adoption.  If you do it the way she says, and he signs the birth certificate, she'll still have custody of the child, and could turn around and sue him for child support.  He could also be held liable for her hospital bills, and more.  For the child's sake, do it legal or don't do it at all.  There are people like me that have home studies in place, are willing to have open adoptions where she could visit the child and see pictures online any time, and where we would pay for the legal fees to adopt a child.  It is highly illegal to forge documents for fraud the way that she wants to set that paperwork up, and she can always re-nig, if you do it that way.

Answer 2

This is NOT legal in any state. If anyone turns up claiming to be the real father your adoption could be invalidated at ANY time for fraud and you could easily lose the child. Or even if no birthfather shows up it can be voided if its discovered that you did this.

Did you just post a question a couple days ago where you said you just met this woman that same day? I'd find someone else to adopt through. This situation sounds a little crazy. At the very least see a lawyer, and make the woman see one too so you all understand the laws.

Answer 3

NO NO NO!!!

I am in Indiana and just went through a private adoption.

That is fraud and just not smart! Your first step is to see a lawyer. We used Dan Kelly in Terre Haute.  He charged $2,400. We had to take the birth mother in to sign some preliminary papers and have a paper signed by the notary to grant us permission to take the baby home from the hospital. In the state of Indiana you do not have to have your homestudy done first but I'm sure it would make things easier. It cost us $500 and $140 for our finger prints. You also can get your money back on your tax return after the adoption is final.

Believe me, take the time and money to do this the right way! The last thing you want is to get attached to the baby and have something happen because you didn't do it the legal way.

Answer 4

What if she puts him on the birth certificate and then changes her mind? Couldn't she then go after him for child support?

Do things the right way. Especially, don't put a lie on the birth certificate of the child you hope to have as your own. As an adoptive parent, one of your jobs is to preserve as much truth for your child as possible, not to perpetuate lies.

Answer 5

Are you sure this isn't a scam? It sounds like it to me.  Indiana has its share of scammers.  There was someone who was recently charged with baby selling in Indiana.  Follow the law on this.  Its there to protect you.

Answer 6

Nope, that's fraud. I wouldn't do it that way.

Get two attorneys, one for you and one for her and the father. Please make sure that this girl understands all the emotional and legal ramifications of giving up her child and please please please make sure the father signs off on this, and only if he wants to. It will be a lot less heartache for all involved if things are done ethically and legally.

Please do some research on the psychology of the adopted child and ask yourself if you understand and are willing to do whatever it takes to meet those extra needs.