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“Legally Speaking - Forum of the Week” is a blog authored by the attorneys at Miner & Lemon, LLP which is focused on legal topics airing on "Legally Speaking" our weekly radio program.

ADOPTION - Giving a Child a Forever Home

(By Tammy M. Keirn, Esq.)

             Because of the complexity of international adoptions, this discussion is limited to the topic of domestic adoptions, and in particular those performed here in Indiana.  There are different types of adoptions, though the process is only slightly different for each.  A private adoption is between private parties, meaning that the Department of Child Services has not placed the child to be adopted with the adoptive parents.  Such an adoption can be considered open or closed, based on whether or not the biological and adoptive parents have been identified to each other or have been kept confidential.  A step-parent adoption is often the simplest, in that this type of adoption involves a step-parent adopting the child of his/her spouse.  The spouse, being a biological parent, would retain his/her parental rights after the adoption is complete.  The final type of adoption, a special needs adoption, typically takes place when the child has been made a ward of the Court or of the Department of Child Services and is in foster care.  In most of these cases, the parental rights of the biological parents have been previously terminated by the Court as a result of the biological parents’ neglect, abuse, inability to parent, or drug/alcohol use.
            The first step in any adoption is matching or placing a child with the adoptive parents.  Sometimes this happens because there is a family relationship or the biological and adoptive parents know each other.  In other cases, an attorney, an adoption agency or the Department of Child Services matches the child with adoptive parents.  Regardless of how the initial match or placement is made, an attorney must prepare the legal paperwork to file the adoption with the court.  That paperwork will include consents to the adoption from all interested parties (which may be the biological parents, involved agencies, guardians, etc. who must consent by law).  Unless parental rights of the biological parents have already been terminated, it is necessary (with few exceptions) to have the biological mother’s consent to the adoption, which consent cannot be given by the mother until after the child’s birth pursuant to Indiana law.  In many situations the biological father’s consent will also be necessary, with some exceptions.  Another big step in the adoption process is completing the investigation and recommendation of a child placing agency, which is commonly referred to as the “Home Study”.  This process is very thorough and will involve criminal background checks, fingerprinting, medical checkups, home visits and other requirements.  This investigation will inform the Court as to whether the adoptive home will be a safe and appropriate home for the child.  If results are positive the adoption can be completed and a final hearing will be held by the Court.
            So why should anyone adopt?  Unfortunately, special needs children and older children in the “welfare system” are the hardest to place and get adopted, and there are lots and lots of adorable children with special needs right here in Indiana and in Kosciusko County that are looking for forever homes.  You could change a child’s life by opening your loving home!  So be a foster parent or adopt a special needs child or an older child –  for more information you can contact the Indiana Family and Social Services Administration at 1-888-25ADOPT or visit www.adoptachild.in.gov.
            If you have additional questions about adoption, please feel free to contact me for more information.  I can be reached by email at tammykeirn@lawwarsaw.com , by phone at (574) 268-9911 or toll-free at (800) 569-3903. 




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DISCLAIMER

Please be aware that the material located on this Web site is for general informational purposes only and is not intended to and should not be relied upon as a legal opinion or legal advice regarding any specific issue or case.

This web site is not intended to be advertising, solicitation, or legal advice. This Web site should not be considered as a substitute for individual legal advice from an attorney in your jurisdiction.     As such, receipt of this information does not create an attorney-client relationship between the reader and the firm. Only a formal consultation or a signed agreement with this law firm can create an attorney-client relationship. Please consult an attorney for individual advice regarding your specific situation.

Information on this Web site is provided "as is" without warranty of any kind, either express or implied. Under no circumstances shall Miner & Lemon, LLP be liable to you or any other person for any damages of any amount or character arising from your access to, or use of, this web site.

Links on this web site are not intended to be referrals or endorsements of the linked entities. The linked sites are not under control of Miner & Lemon, LLP and Miner & Lemon, LLP is not responsible for any Web site to which it is linked.
The use of internet email for confidential or sensitive information is discouraged. We will neither accept requests for legal advice nor offer specific legal advice over the Internet.