Placing a Baby for Adoption When You Are in an Abusive Relationship in Indiana

By: Grant Kirsh

If you are pregnant and in an abusive relationship, you may be thinking about placing your baby for adoption to protect your child from the situation you are in. You may also be afraid, afraid of your partner, afraid of the legal process, and afraid that your partner will try to stop you.

We want you to know that there are legal tools available to protect you. And at Kirsh & Kirsh, P.C., your safety is something we take very seriously.

We are a family-run Indiana adoption law firm with nearly 50 years of experience. We have helped birth mothers from Indianapolis, Fort Wayne, Evansville, South Bend, Bloomington, Hammond, Gary, Muncie, Lafayette, Terre Haute, Kokomo, Anderson, Carmel, Fishers, Greenwood, and communities across Indiana who were in abusive situations navigate the adoption process safely. Here is what you need to know.

Your Safety Comes First

Before anything else, if you are in immediate danger, please call 911 or the National Domestic Violence Hotline at 1-800-799-7233. Your safety and your baby’s safety come first, before any legal process.

Can You Place Your Baby for Adoption Without the Father’s Consent?

This depends on your specific situation, but Indiana law provides important protections.

If the father has not legally established paternity, through a court proceeding or a signed paternity affidavit, his legal standing is limited. A DNA test alone does not establish paternity in Indiana.

According to Indiana Code § 31-19-5-12, Indiana’s putative father registry gives a man 30 days from the child’s birth to register. If he does not register, his ability to contest the adoption becomes impossible. If he is served with notice and does not respond within 15 days, his consent is irrevocably implied.

If you are married to your abuser, Indiana law presumes he is the legal father. His parental rights must be addressed, but there are legal paths forward depending on the circumstances. For instance, pursuant to Indiana Code § 31-19-9-8(a)(11)(A), if he is unfit to be a parent then his consent to the adoption is not required.

Every situation involving domestic violence is sensitive and fact-specific. This is exactly why you need an experienced Indiana adoption attorney, not a national adoption agency, handling your case.

Confidentiality and Privacy

At Kirsh & Kirsh, P.C., everything about your contact with us is confidential. We can communicate with you through safe channels, and we will never disclose information about your adoption plan to anyone without your permission. If you need us to take special precautions because of your situation, tell us. We will.

You Are Not Trapped

Leaving an abusive relationship is hard enough. Doing it while pregnant can feel impossible. But you have more options than you may realize. Financial assistance is available during your pregnancy. Our services are 100% free to you. And there are legal protections in place to help keep you and your baby safe.

Adoption can be a way to give your child a life that is safe, stable, and full of love, even when your own circumstances have made that impossible right now.

Please Reach Out

If you are in this situation, please call or text us. We will listen. We will take your safety concerns seriously. And we will help you understand your options without pressure.

Call or text us at 800-333-5736. Visit us at IndianaAdoption.com. Everything is free and confidential.

For a complete overview of the adoption process, read our Complete Guide to Giving Up a Baby for Adoption in Indiana.

About the Author
Grant Kirsh is a second-generation adoption attorney and owner of Kirsh & Kirsh, P.C., a family law firm in Indianapolis, Indiana that has been serving Indiana families since 1981. Grant graduated from Indiana University McKinney School of Law in 2013 and has personally handled nearly 3,000 foster care adoptions and his law firm has handled over 5,000 private newborn adoptions. He practices all forms of domestic adoption, with a deep personal commitment to expectant mothers considering adoption in Indiana and Indiana’s foster care system and the families and children it serves.