Elkhart Adoption Lawyer
There are five types of adoptions:
- Private adoption;
- Foster child adoption;
- Guardianship to adoption;
- Step child adoption; and
- Adult adoption.
The first step in any adoption is to meet with your attorney who will inform you exactly how the process unfolds and collect all the information necessary to file the appropriate legal documents. You will be kept informed every step of the way.
As a general rule, the consent of both birth parents is required, however, there are a number of exceptions to this rule. Many adoptions fall within one of the exceptions. Talk to an attorney to determine whether or not your situation falls into one of the exceptions and can proceed without parental consent.
A court hearing is held to finalize the adoption. After the adoption is completed, the child’s birth certificate is amended to reflect the new adoptive parent(s) as the child’s legal parent(s) and the child’s name may also be changed. The adoptive parent(s) becomes the child’s legal parent(s) in all respects.
Private Adoption
A private adoption takes place when a birth mother places her child, most often a newborn, for adoption. In this situation, the birth mother is often known by the adoptive parents or you may be matched with a child through an adoption agency.
It is wise to contact an attorney as soon as possible, prior to the birth of the infant. A “home study” including an extensive criminal history check is required. The adoption process takes an average of three to six months.
Foster child adoption
There are children available for adoption through the Indiana Department of Child Services. These children have been foster children and many adoptive parents, but not all, have been foster parents. Adoptive parents are required to attend pre-adoptive classes and, in most cases, the Department of Child Services will pay your attorney fees. There also may be long term adoption subsidies available.
Guardianship to adoption
Today many people have taken on a parental role through a guardianship of a minor child. Under certain situations, where the birth parents have not attempted to meet their parental obligation, you may be able to adopt the minor child and become a legal parent. Discuss your situation with your attorney to determine if this is an available option.
Step-child adoption
A new spouse may want to adopt their spouses prior born child. In this case, particular care must be taken with respect to the other birth parent. An extensive criminal history check is required but you may qualify to have the “home study” waived.
Adult adoption
Occasionally, an adult wants to honor a person that raised them but was not their birth parent by legally becoming their “child”. This does not require the consent of the birth parent.
An Elkhart adoption lawyer understands the need of those going through an adoption in Indiana. With a thorough understanding of adoption laws and procedures, we will provide you with trusted advice and strong advocacy throughout the adoption process.
Contact Us
To discuss your adoption concerns with an experienced attorney, call us today at (574) 293-5672 or send an email using our secure online form. Our office hours are 9 a.m. to 5 p.m., Monday through Thursday. We accept MasterCard, Visa and American Express credit card payments.
