You’ve spent months preparing for an adoption. You’ve completed paperwork, navigated the legal process, and started imagining what life will look like as a family. Then, unexpectedly, a biological or legal parent objects to the adoption.
When someone challenges an adoption, the process can become significantly more complicated. A contested adoption may involve court proceedings, legal arguments, and important questions about parental rights. Understanding what happens next—and having experienced legal guidance—can help you navigate the process with greater clarity.
A contested adoption can feel overwhelming, but it doesn’t have to. Here’s what you can expect in contested adoptions.
What Does it Mean for an Adoption to be Contested?
Indiana law generally requires the consent of a child’s legal parents unless the court determines that consent is not required under the circumstances.In any adoption, a birth parent is often required to consent to the adoption. A contested adoption is what happens when a birth parent objects. A parent may contest an adoption for a variety of reasons, including family pressure, improper notice, paternity claims, etc. However, an objection does not explicitly mean the adoption cannot proceed.
Reasons Behind Contested Adoption
An adoption may become contested for several reasons, including a biological parent objecting to the adoption, disputing whether their consent is required, or raising concerns about the proposed adoption. A parent may also contest an adoption if they believe their parental rights have not been properly addressed or that the legal requirements for the adoption have not been met. Because the circumstances of each adoption are different, the specific legal grounds for contesting an adoption depend on the facts of the case and applicable Indiana law.
What Happens During a Contested Adoption?
If a parent wants to contest an adoption, they must take specific legal steps within the required timeframe. In Indiana, a person contesting an adoption generally must file a written motion to contest the adoption with the court where the adoption petition was filed no later than 15 days after being served notice of the pending adoption. The motion should state the legal basis for contesting the adoption.
If the adoption is properly contested, the case may proceed to a hearing and potentially further litigation. The court may consider evidence related to the parent’s relationship with the child, communication and support, consent requirements, and other circumstances relevant to the adoption. Ultimately, the court will apply Indiana’s adoption laws and consider the child’s best interests when determining whether the adoption should proceed.
Because adoption disputes involve strict legal requirements and deadlines, anyone considering contesting an adoption should speak with an experienced Indiana adoption attorney as soon as possible.
The Court May Consider Whether Consent Is Required
In some circumstances, Indiana law allows an adoption to continue without a parent’s consent. For example, a parent’s consent may not be required when the parent has abandoned the child, failed to provide required support and communication, or is deemed unfit. The specific requirements depend on the circumstances of the case.
What Should You Do If Your Adoption Is Contested?
If you learn that someone is contesting your Indiana adoption, avoid trying to navigate the legal process alone. Contested adoptions involve strict legal requirements, court filings, evidence, and deadlines, and the right approach will depend on the specific circumstances of your case.
A contested adoption does not automatically mean your adoption will not happen. It just means there are additional legal issues for the court to address. Having knowledgeable legal guidance can help you understand what those issues are and what comes next.
At Herrin & Leach, our attorneys understand that contested adoptions can be emotionally difficult as well as legally complex. We work with families to understand their options, navigate the legal process, and advocate for the best possible outcome for the child. If you’re experiencing a contested adoption, schedule your free consultation today.