At Foster + Bloom, we believe that family is defined by more than just biology—it is built through daily love, commitment, and care. However, the law often requires a formal process to ensure those emotional bonds are recognized with full legal protection.
Whether you are a stepparent wanting to formalize your role or an LGBTQ+ parent seeking to secure your rights, our stepparent and second parent adoption team is here to guide you. We specialize in transforming complex legal requirements into a clear path forward, providing peace of mind for you and your child.
What Is the Difference Between Stepparent and Second Parent Adoption?
While both processes result in full legal parentage, they serve different family structures under Indiana law. Stepparent adoption allows a person married to a child’s legal parent to adopt that child, creating a permanent legal bond.
Second parent adoption is a vital tool for unmarried partners, particularly in LGBTQ+ families, to ensure that both parents have equal, legally recognized rights to their child, regardless of who has a biological connection.
Do You Need an Attorney for Stepparent and Second Parent Adoption?
It is best to get help from an attorney for stepparent and second parent adoption. While the forms may seem straightforward, the legal implications of missteps in the process can be profound. A stepparent adoption attorney ensures that every requirement of the Indiana stepparent adoption process is met to prevent future vulnerabilities.
Legal support is especially critical during contested adoption. If a biological parent is uninvolved, we can help you navigate adoption due to abandonment in Indiana.
Additionally, for LGBTQ+ couples, a confirmatory adoption provides an essential layer of protection. Even if both parents are listed on a birth certificate, a court-ordered adoption decree provides stronger protection for parental rights that must be recognized in every state and jurisdiction, protecting your family if you travel or move.
Who Is Eligible for Each Type of Adoption?
To begin the process of legal adoption by stepparent or second parent in Indiana, certain requirements must be met:
- Residency: Generally, the petitioner must have resided in Indiana for a specific period.
- Marital Status: For a traditional stepparent adoption in Indiana, the petitioner must be legally married to the custodial parent.
- Consent: The child’s other legal parent must typically consent, unless their rights have been terminated or they meet specific criteria for “consent not required” (such as abandonment or failure to support).
- Age: The adopting parent must be an adult, and if the child is over 14, they must also provide consent.
What Are the Legal Processes for Stepparent and Second Parent Adoption?
Every journey is unique, but most follow a structured legal timeline to ensure the child’s best interests are served. Here is what you can expect when working with a lawyer for stepparent or second parent adoption.
Stepparent Adoption
The stepparent adoption process usually begins with filing a petition in the county where you reside.
If the other biological parent consents, the process is streamlined. If they do not, your lawyer will present evidence to the court regarding why the adoption should proceed. In Indiana, a home study is often waived for stepparents, which can make the process faster.
How long does stepparent adoption take? Typically, an uncontested matter can be finalized in 3 to 6 months.
Second Parent Adoption
For non-married partners or LGBTQ+ parents, the process involves filing a petition to establish legal parentage. This ensures the “second parent” has the same rights as the biological or gestational parent. Like stepparent cases, this provides a permanent decree with more security than a birth certificate.
What Rights Do You Gain in a Stepparent and Second Parent Adoption?
Once the decree is signed, the “step” or “second” prefix disappears—you are simply the parent. You gain:
- Full Legal Authority: The right to make medical, educational, and religious decisions.
- Inheritance Rights: Your child automatically becomes a legal heir to your estate.
- Insurance & Benefits: The ability to add your child to health insurance and qualify for Social Security benefits.
- Permanency: The security of knowing that your relationship with your child is protected for life, even in the event of death or divorce.
Taking the Next Step
You’ve already done the work of being a parent; let us do the work of making it official.
Foster + Bloom is ready to help. Our team, including expert stepparent and second parent adoption specialists in Indiana, provides the empathetic and authoritative guidance your family deserves.