Marriage In Indiana

October 4, 2006

I have a fiance that is currently in prison and is due out anytime and I am wanting him to adopt my "our" daughter. Well her sperm donor has now "returned" back to prison for a one year sentence and is on the birth certificate. I have it figured out that I would be able to get the adoption done without his consent but, what will the courts say about my fiance that is in prison and wanting to adopt my "our" daughter? I know that you have to be married a year before the adoption can take place but if we get married while he is in prison will the one year of marriage count by the court or do we actually have to be physically together as a married couple for one year? I am wanting to try and get this done ASAP before her sperm donor gets out of prison. Can anyone give me some advice?

stepadoptionblog

November 22, 2006

Due to your fiance being in prision you may have to go through a homestudy. THis process is usually waived for stepparent adoptions, but the courts may deem it necessary since your financee has a record. Everyone in the home must also complete and pass a background check, so depending on what he is in jail for, the adoption may not be approved. There are many cases where an adoption is denied because of a prospective parents criminal record. The courts want to make sure that the child will have a stable upbringing and home life, and not be subjected to a parent being in and out of jail.

It may be wise to wait for your fiance to get out of jail and give it some time to make sure that he is on the right track before having him adopt your daughter. You want to make sure that she has the best life possible and that her father figure puts her above absolutely everything else in his life. Rushing into an adoption for any reason is rarely a good idea. A quick adoption usually takes a minimum of five to six months to complete.