step-parent adoption in Indiana?

My daughters father wants to sign over his rights and let my future husband adopt her. We will be married in November 2011 can we start this process before we are married? Also If a lawyer draws up the paperwork does it have to go to court even though all parties are in agreement and it is just paperwork that needs to be done?

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  • 9 years ago
    Favourite answer

    No, you can't start the adoption process before you get married. In fact, most judges will want to see that your marriage is stable (e.g., that you have already been married a couple of years) before they allow a stepparent adoption to go through. Your fiance needs to prove that he is committed to YOU before he can commit to your child.

    Wait a while. There is no need to rush this. If your daughter's bio dad really wants to terminate his rights, he's a piece of scum IMO. Unfortunately for your daughter, legally changing who her father is doesn't change her DNA. The guy who helped make her is still her father, regardless of what the paperwork and the law say. Try to think of it this way: if your new husband one day divorces you (or you divorce him), he could get half the rights to YOUR child! Would you really want that? Not only that, but he could demand that YOU pay child support to him...for YOUR child! There is no way I'd ever let a new husband adopt my son. Too risky.

    Source(s): Divorced mom
  • 9 years ago

    You actually do have to be married before you can proceed in court for step parent adoption. Some states also have a time frame for which you have to be married for before you can as well. As far as the actual proceedings, the courts will not just sign off on it even if everyone is in agreement, they will assign a court guardian for your child to act on behalf of the child so they can determine if it's for the best interest of the child.

    Source(s): Been though this before, tried to do it before we were married (and I tried really hard, talked to every attorney I could find and studied the laws myself) in the end, had to be married first.
  • 4 years ago

    what if one bio parent don't want to give up there child can the courts make her do it

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