Adoption and DCS: Keeping Your Baby Out of Foster Care in Indiana

By: Grant Kirsh

Many expectant mothers who are thinking about how to give up a baby for adoption have a specific fear: that choosing adoption means their baby will end up in foster care or in the hands of the Department of Child Services. Some worry that DCS will get involved and take the decision out of their hands.

We want to clear this up, because the fear, while understandable, is based on a misunderstanding. Private adoption and the DCS foster care system are two completely different things.

At Kirsh & Kirsh, P.C., we have nearly 50 years of experience with both private newborn adoption and DCS foster care adoption, so we can explain the difference clearly. We are a family-run Indiana law firm.

Private Adoption Keeps Your Baby Out of Foster Care

When you choose private adoption through Kirsh & Kirsh, P.C., your baby does not go into foster care. Your baby goes directly from the hospital to the loving adoptive family that you chose. There is no DCS involvement, no foster care placement, no system. You pick the family, and your baby goes home with them.

This is one of the most important things to understand. By making a private adoption plan, you are choosing exactly where your baby goes. You are keeping your child out of the foster care system entirely.

Why Would DCS Get Involved at All?

DCS typically becomes involved when there are concerns about a child’s safety, such as abuse or neglect, or in certain situations at the hospital, for example if there are concerns related to substance use during pregnancy. DCS involvement is not a normal part of a private adoption.

By planning your adoption ahead of time with an experienced attorney, you reduce the chance of confusion or complications at the hospital. We know the hospitals, social workers, and doctors across Indiana, and we help make sure your adoption plan is clear to everyone involved, so your baby goes smoothly to the family you chose.

What If DCS Is Already Involved?

If DCS has already become involved with your baby and you still want to make an adoption plan, the situation is more complicated, but it may still be possible. The specifics matter a great deal, and this is exactly the kind of situation where you need an experienced Indiana adoption attorney who understands both private adoption and the DCS system.

At Kirsh & Kirsh, P.C., we handle both. Because I have personally handled nearly 3,000 foster care adoptions in addition to our firm’s 5,000-plus private newborn adoptions, we understand how these systems interact in a way that few others do. If DCS is involved, call us right away so we can understand your situation and explain your options.

I Changed My Mind, DCS Got Involved, and Now I Want Adoption Again. Can I?

This kind of situation does happen, and the answer depends on the specific facts. It may still be possible to make an adoption plan, but DCS involvement adds legal complexity. The most important thing you can do is talk to an experienced attorney as soon as possible. The sooner we understand your situation, the better we can help.

Private Adoption Is the Clearest Path

If keeping your baby out of foster care is important to you, making a private adoption plan before birth is the clearest, safest path. You choose the family, your baby goes straight to them, and the system never enters the picture.

Whether you are in Indianapolis, Fort Wayne, Evansville, South Bend, Carmel, Fishers, Bloomington, Hammond, Gary, Muncie, Lafayette, Terre Haute, Kokomo, Anderson, or Greenwood, we are here to help. Our services are 100% free to you.

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

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.