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How does the adoption process work in Indiana?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

Indiana adoption practice is governed by Title 31 Article 19 of the Indiana Code and handled in the probate division of the Circuit or Superior Court.

1. Types of Adoption

  • Agency adoption (I.C. 31-19-7) through an Indiana-licensed child-placing agency or DCS.
  • Direct placement adoption (I.C. 31-19-8).
  • Step-parent adoption (I.C. 31-19-2-2).
  • Adult adoption (I.C. 31-19-2-3).
  • International adoption (Hague compliant).

    • 2. Petitioner Eligibility

    Under I.C. 31-19-2-2, a resident of Indiana may petition. A non-resident may petition only for a child born or located in Indiana or placed by an Indiana agency. A spouse must join.

    3. Consent Requirements

    Under I.C. 31-19-9-2, a birth parent may sign a consent any time after the child's birth, but the consent is not effective until at least 48 hours after the parent has been notified of the consent's irrevocability. Under I.C. 31-19-10, the consent is withdrawable within 30 days of execution unless the court has approved an earlier finalization. After that, the consent is irrevocable absent fraud or duress.

    4. Home Study

    A pre-placement home study under I.C. 31-19-8-5 is required for direct placement adoptions and conducted by a licensed Indiana child-placing agency. Step-parent and certain relative adoptions are exempt. A post-placement supervision report is filed before finalization.

    5. Termination of Parental Rights (TPR)

    Voluntary via consent or relinquishment. Involuntary TPR under I.C. 31-35-2 for grounds such as failure to remedy CHINS adjudication. Interstate placements require ICPC under I.C. 31-28. ICWA (25 U.S.C. § 1901) applies to tribal children.

    6. Finalization Hearing

    The court holds a final hearing typically 6 months after placement (I.C. 31-19-11). The court enters the Decree of Adoption, and the State Department of Health issues an amended birth certificate (I.C. 16-37-2-12).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Birth parent withdraws consent within 30-day window
    • Putative-father registry compliance (I.C. 31-19-5)
    • ICPC delays in an out-of-state placement
    Related Statutes & Laws
    • I.C. 31-19
    • I.C. 31-19-9-2
    • I.C. 31-19-8-5
    • I.C. 31-28 (ICPC)
    • 25 U.S.C. § 1901 (ICWA)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.