Can My Fiance Adopt My Son?

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I live in Indiana and my son’s biological father has not been in the picture. He did not help during the pregnancy, nor attempt to get a DNA test. He is not on the birth certificate either. Can my fiance adopt my son?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Depending on Indiana’s adoption laws, your fiance may be able to go forth with adopting your son subject to likely having to provide the birth father with notice of the adoption in order to allow the opportunity to assert his parental rights. Since the birth father is not listed on the birth certificate, the adoption process may not be that complicated for you. You should consult with a local adoption attorney for legal advice and guidance.

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Author: House Attorney