Stepparent Adoption
A stepparent adoption is when a stepparent adopts his or her spouse’s child(ren) from a previous marriage or relationship. These adoptions can be straightforward if the noncustodial birth parent consents to the adoption. However, even when the noncustodial birth parent does not consent, there are a number of ways to complete the adoption without that parent’s consent.
Overview
Stepparents often file petitions to adopt their stepchild when the noncustodial biological parent is not involved in the child’s life or may be a source of great stress for the child. There are other reasons stepparents adopt their stepchild, too, of course. Typically, the courts require both biological parents to consent to the adoption, but this isn’t always the case.
In most all adoptions, noncustodial parents must be given notice of the adoption. Once notice of the adoption is received, the noncustodial parent can consent to the adoption, object to the adoption and request a hearing/trial on whether their consent is needed, or they can simply ignore the whole adoption proceeding after receiving notice of the adoption and their consent will be implied by the court.
There are 2 main situations when the noncustodial biological parent’s consent is not necessary. The first is when there has been little or no relationship with the child for a year or more. The second situation is when the noncustodial parent has a child support obligation that he or she is able to pay, yet has failed to pay for a year or more. Under Indiana law, there are a number of other reasons a non-custodial parent’s consent may not be necessary.
Even when the adoption petition alleges that the noncustodial parent’s consent is not necessary, Indiana law requires that the noncustodial parent receive notice.
Non-Custodial Parent Objects to the Adoption
When noncustodial biological parents object, the court will set the matter for a trial or what is called a contested consent hearing. After the contested consent hearing, if the court finds that the noncustodial parent’s consent is not necessary, the adoption can be finalized. The noncustodial parent does have the right to appeal the decision of the trial court and this will lengthen the duration of the proceedings another 6 to 12 months.
In my experience, we can usually resolve the objection by the non-consenting biological parent without the necessity of the contested consent hearing.
Home Study
A home study is part of every adoption. A licensed child placing agency completes the home study through a process that includes background checks and education in preparation for the child coming into the home. In Indiana, the full home study can be waived for stepparent adoptions and instead, only the background portion of the home study would be required. The idea behind this is that the child has already been in the home with the stepparent so many of the aspects of a typical home study would not apply. However, in every adoption in Indiana, the adopting parent must have a background check that includes a criminal background check, CPS check, and other background checks.
If someone has some criminal history, they are not automatically disqualified. There are certain serious crimes that understandably can prevent a person from adoption. Indiana statutes list what can and cannot be waived from the background report.
Cost of Stepparent Adoptions
The cost for stepparent adoptions can generally to be divided into three parts.
The first part are the costs associated with the adoption, including court filing fees and Indiana State Department of Health (ISDH) fees. As of 2020, in Indiana these costs and fees total $248.10.
The second part of the costs for stepparent adoption is the required background check if the full home study is waived by the Court. Currently, the required background can be completed for as little as $200.
The third part of the costs for a stepparent adoption include the attorney fees. These vary greatly depending on the attorney’s knowledge and experience with adoption.
Generally, attorney fees will be at least $2,000. I can charge less than most attorneys because adoptions are all I do and I am efficient in getting done what needs to be done. If the noncustodial parent objects to the adoption, there may be additional attorney fees. For most of my Stepparent adoptions, my attorney fees are $2,500.
In addition to the costs listed above, if an objection is filed by the non-consenting birth parent and a contested consent hearing/trial is required, additional attorney fees will be needed. The amount will depend on the length of the contested hearing and how much time is required to prepare for the hearing.
If the non-consenting parent has not seen the child for several years and is just objecting because they can object, the attorney fees for the additional contested hearing can be as little as an additional $1,000. However, if there are more complicated issues, the attorney fees for this trial can add up to several thousand dollars.
Like any adoption, consult with an attorney who has a long history of working in adoptions, who has received numerous positive reviews from clients, and has been recognized professionally for their adoption work.