Does the other parent still owe child support after a stepparent adoption in Indiana?

Not going forward. IC 31-19-15-1 relieves a living birth parent of all legal duties to the child after the adoption, but the support obligation continues until the decree is entered, and the decree does not erase past due child support owed before that date. If a support order is enforced through the Title IV-D program, IC 31-19-11-7 has the clerk send the decree to the support court and the prosecuting attorney.

How does a stepparent adoption in Indiana affect the child's relationship with each parent?

Under IC 31-19-15-2, the parent you are married to keeps the full parent-child relationship, and you take the same position toward the child as a biological parent, jointly liable for the child's maintenance and education. The other parent's relationship ends under IC 31-19-15-1. Grandparent visitation rights under IC 31-17-5-1 or 31-17-5-10 survive a stepparent adoption (IC 31-17-5-9).

What if the other parent objects to a stepparent adoption in Indiana?

The parent can file a written motion to contest within fifteen days after being served the notice. The court then holds an expedited hearing, and you must prove by clear and convincing evidence that a ground in IC 31-19-9-8 is met, such as (a)(2): the child is in another person's custody and, for at least one year, the parent failed without justifiable cause to communicate significantly when able, or knowingly failed to support when able as required by law or judicial decree. Many families talk with a family law attorney first.

How long does a stepparent adoption take in Indiana, and what does it cost?

IC 31-19-8-2 leaves the length of the supervision period to the court's sole discretion, and the court may waive it for a stepparent. Without a waiver, the agency report is due within sixty days of referral. Plan for the $20 and $50 Department of Health fees, the county filing fee set by the clerk, criminal history check costs you pay under IC 31-19-2-7.5, and attorney fees.

Is the original birth certificate sealed after a stepparent adoption in Indiana?

The new certificate replaces the original registration, but IC 31-19-13-2 makes an exception for a child adopted by a stepparent, so the original is not withheld from inspection the way it is in other adoptions. The new certificate shows the actual place and date of birth. A child born in another state gets a new certificate from that state's vital records office.

Stepparent Adoption in Indiana

Reviewed by DocDraft Legal Team - Indiana - Last updated October 6, 2026

In Indiana a stepparent files a petition to adopt a spouse's child with the clerk of the court having probate jurisdiction, and IC 31-19-2-2(a) says the petition is filed by an attorney of record. The other parent must give written consent under IC 31-19-9-1 unless IC 31-19-9-8 excuses it. The ground most stepparents look at is IC 31-19-9-8(a)(2): for a child in the custody of another person, a parent who for a period of at least one year fails without justifiable cause to communicate significantly with the child when able to do so, or knowingly fails to provide for the child's care and support when able to do so as required by law or judicial decree. That parent must be served notice and has fifteen days to contest, and if they contest, you must prove the ground by clear and convincing evidence. A child more than fourteen years of age must also consent, and the court can waive the agency investigation and supervision for a stepparent.

Find out where you stand in Indiana

Where are you with adopting your stepchild?

DocDraft provides document preparation, not legal advice.

Can a stepparent adopt in Indiana without the other parent's consent?

Sometimes. If the child is in another person's custody, IC 31-19-9-8(a)(2) excuses consent when, for at least one year, the parent failed without justifiable cause to communicate significantly with the child when able, or knowingly failed to support the child when able as required by law or judicial decree. After notice, a contested ground needs clear and convincing evidence.

Which court and which form are used for a stepparent adoption in Indiana?

You file with the clerk of the court having probate jurisdiction, and in a county with a separate probate court, that court has exclusive jurisdiction under IC 31-19-1-2. Indiana courts do not publish one statewide stepparent adoption petition form. IC 31-19-2-6 lists what the petition must contain, and IC 31-19-2-2(a) has it filed by an attorney of record.

Is a home study required for a stepparent adoption in Indiana?

By default, yes. IC 31-19-8-5 has a licensed child placing agency investigate and file a written report, and IC 31-19-8-1 requires a period of supervision. When a petitioner is a stepparent, the court may waive both together. A criminal history check is still required, because IC 31-19-2-7.3 bars a court from waiving it.

At what age must the child consent to a stepparent adoption in Indiana?

IC 31-19-9-1(a)(5) requires written consent from the child to be adopted if the child is more than fourteen years of age. That section states no waiver of the child's consent. File the signed consent with the clerk, and send a copy to the investigating agency as IC 31-19-9-5 requires.

Indiana's one year rule, the probate court, and the attorney of record

Indiana adoption petitions go to the clerk of the court having probate jurisdiction, and where a county has a separate probate court, IC 31-19-1-2 gives that court exclusive jurisdiction in all adoption matters. Under IC 31-19-2-2(a) the petition is filed by attorney of record in the county where you live, where the child lives, or where the attorney maintains an office, among other options. Indiana courts do not publish a statewide stepparent petition form; IC 31-19-2-6 sets the contents instead, including the date and place of your marriage, the new name for the child if a change is desired, and whether a child support order is in effect. Your spouse does not have to join as a petitioner if an acknowledged consent from that parent is filed with the petition (IC 31-19-2-4(b)). The other parent must consent in writing under IC 31-19-9-1 unless IC 31-19-9-8 applies. The ground stepparents usually rely on is IC 31-19-9-8(a)(2), which covers a parent of a child in the custody of another person if for a period of at least one year the parent fails without justifiable cause to communicate significantly with the child when able to do so, or knowingly fails to provide for the care and support of the child when able to do so as required by law or judicial decree. Indiana uses 'or', so either failure can qualify. The petition must allege the ground, the parent must be served the IC 31-19-4.5-3 notice, and a parent who files a motion to contest within fifteen days puts the burden on you to prove the ground by clear and convincing evidence (IC 31-19-10-1.2(a), IC 31-19-10-0.5). The licensed child placing agency investigation and supervision period can both be waived for a stepparent (IC 31-19-8-2(c), IC 31-19-8-5(c)), but the criminal history check cannot. A child more than fourteen years of age must consent under IC 31-19-9-1(a)(5).

Relevant Laws

Indiana Code 31-19-9-1 (Consents required)

A petition to adopt a child under eighteen may be granted only if written consent has been executed by each parent described in the section, any person or agency with lawful custody, and the child to be adopted if the child is more than fourteen years of age, except as otherwise provided in the chapter.

Indiana Code 31-19-9-8 (Consent not required)

Subdivision (a)(2) excuses consent from a parent of a child in the custody of another person if for a period of at least one year the parent fails without justifiable cause to communicate significantly with the child when able to do so, or knowingly fails to provide for the care and support of the child when able to do so as required by law or judicial decree. The parent must receive notice, and a contested ground must be proved by clear and convincing evidence under IC 31-19-10.

Indiana Code 31-19-8 (Supervision and agency report)

Requires a period of supervision and a licensed child placing agency report on the advisability of the adoption, due within sixty days of referral. Under sections 2(c) and 5(c), the court may waive both when a petitioner is a stepparent, but it must still require a criminal history check.

Indiana Code 31-19-2 (Filing of petition for adoption)

Sets where and how the petition is filed: by attorney of record with the clerk of the court having probate jurisdiction, verified and in triplicate, with the contents listed in section 6 and the $20 adoption history fee and $50 putative father registry fee in section 8.

Regional Variances

Indiana stepparent adoption requirements

Court

Clerk of the court having probate jurisdiction, in the county where the petitioner resides, the child resides, or the attorney maintains an office, among other options (IC 31-19-2-2(a)). A county's separate probate court has exclusive jurisdiction in adoption matters (IC 31-19-1-2).

Petition form

No statewide stepparent adoption petition form. The petition is filed by attorney of record, verified and in triplicate, with the contents listed in IC 31-19-2-6. Ask the clerk about local requirements.

Other parent's consent

Written consent required from each parent described in IC 31-19-9-1(a), unless IC 31-19-9-8 applies. The stepparent's spouse files an acknowledged consent instead of joining the petition (IC 31-19-2-4(b)).

Proceeding without consent

IC 31-19-9-8(a)(2): a parent of a child in the custody of another person who, for a period of at least one year, fails without justifiable cause to communicate significantly with the child when able to do so OR knowingly fails to provide for the child's care and support when able to do so as required by law or judicial decree. Notice under IC 31-19-4.5-3; fifteen days to contest; a contested ground is proved by clear and convincing evidence (IC 31-19-10-1.2(a), 10-0.5).

Home study

Licensed child placing agency report (IC 31-19-8-5) and supervision period (IC 31-19-8-1) by default; the court may waive both for a stepparent (IC 31-19-8-2(c), 8-5(c)). The criminal history check cannot be waived (IC 31-19-2-7.3).

Residency or waiting period

The length of supervision is in the court's sole discretion and can be waived for a stepparent (IC 31-19-8-2). No minimum marriage length.

Child's consent age

More than fourteen years of age (IC 31-19-9-1(a)(5)). No waiver is stated in that section.

Suggested Compliance Checklist

Decide the consent route for the other parent

Before filing days after starting

Ask for written consent first. If you will rely on IC 31-19-9-8(a)(2), confirm the child is in the custody of another person and gather proof covering at least one year that the parent failed without justifiable cause to communicate significantly with the child when able, or knowingly failed to provide care and support when able as required by law or judicial decree, such as contact records and support payment history. If the parent contests after notice, the ground must be proved by clear and convincing evidence.

File the petition with the probate court clerk

At filing days after starting

Have your attorney of record file the verified petition in triplicate with the clerk of the court having probate jurisdiction, with your spouse's acknowledged consent, a copy of any child support order, the $20 and $50 Department of Health fees, and the county filing fee. The medical report on the child and birth parents goes with the petition or within sixty days (IC 31-19-2-7).

Serve notice and request the stepparent waiver

Before the final hearing days after starting

Serve the IC 31-19-4.5-3 notice on any parent whose consent you say is not required, and give notice to anyone else listed in IC 31-19-2.5-3, such as a grandparent with visitation rights. File proof of notice before the final hearing is scheduled. Ask the court to waive the agency report and supervision for a stepparent, and complete the criminal history check.

Gather the written consents

Before the hearing days after starting

Collect signed consents from your spouse and, unless excused, the other parent and a child more than fourteen years of age. Each consent is executed before the court, an attorney, a notary, or an authorized agency agent (IC 31-19-9-2), and copies go to the clerk and the investigating agency (IC 31-19-9-5).

Confirm the child's new name and update records

After the adoption decree days after starting

List the new name in the petition so the child takes it when the decree is entered under IC 31-19-11-4. Order certified copies of the decree for schools, Social Security, and passports while the new birth certificate is issued. A separate name change petition is needed only for name changes outside the adoption.

Document: name-change-petition

Task	Description	Document	Days after starting
Decide the consent route for the other parent	Ask for written consent first. If you will rely on IC 31-19-9-8(a)(2), confirm the child is in the custody of another person and gather proof covering at least one year that the parent failed without justifiable cause to communicate significantly with the child when able, or knowingly failed to provide care and support when able as required by law or judicial decree, such as contact records and support payment history. If the parent contests after notice, the ground must be proved by clear and convincing evidence.	-	Before filing
File the petition with the probate court clerk	Have your attorney of record file the verified petition in triplicate with the clerk of the court having probate jurisdiction, with your spouse's acknowledged consent, a copy of any child support order, the $20 and $50 Department of Health fees, and the county filing fee. The medical report on the child and birth parents goes with the petition or within sixty days (IC 31-19-2-7).	-	At filing
Serve notice and request the stepparent waiver	Serve the IC 31-19-4.5-3 notice on any parent whose consent you say is not required, and give notice to anyone else listed in IC 31-19-2.5-3, such as a grandparent with visitation rights. File proof of notice before the final hearing is scheduled. Ask the court to waive the agency report and supervision for a stepparent, and complete the criminal history check.	-	Before the final hearing
Gather the written consents	Collect signed consents from your spouse and, unless excused, the other parent and a child more than fourteen years of age. Each consent is executed before the court, an attorney, a notary, or an authorized agency agent (IC 31-19-9-2), and copies go to the clerk and the investigating agency (IC 31-19-9-5).	-	Before the hearing
Confirm the child's new name and update records	List the new name in the petition so the child takes it when the decree is entered under IC 31-19-11-4. Order certified copies of the decree for schools, Social Security, and passports while the new birth certificate is issued. A separate name change petition is needed only for name changes outside the adoption.	name-change-petition	After the adoption decree

Frequently Asked Questions

Other Indiana guides

Adverse Possession in Indiana: Control, Intent, Notice, Duration, and the Tax Bill

Asset Protection Planning in Indiana (2026)

Dealing With Debt Collectors in Indiana (2026)

Expunging a Criminal Record in Indiana (2026)

Filing a Workplace Harassment Complaint in Indiana

Filing Chapter 7 Bankruptcy in Indiana (2026)

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