Can My Fiance Adopt My Son?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

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?

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.