How Adoption Works After You Have Already Brought Your Baby Home

By: Grant Kirsh

Most adoption information online assumes you are still pregnant. But what if your baby is already home with you, and you are now realizing that adoption may be the right path? How does it actually work?

At Kirsh & Kirsh, P.C., we handle these placements regularly. In fact, we have completed many of them in the last six months alone. We are a family-run Indiana adoption law firm with nearly 50 years of experience, over 110 years of combined legal experience, and over 5,000 private newborn adoptions. Here is the honest, step by step picture.

Step 1: You Call Us

It starts with a call or a text, any time of day or night. We answer 24 hours a day, 7 days a week, 365 days a year. We listen to your situation and answer your questions. No judgment, no pressure, no cost. Everything we do for birth mothers is 100% free.

Step 2: We Look at the Father’s Situation

This is the most important legal question in a placement after birth, so we address it early. A biological father does not have automatic full parental rights in Indiana unless you are married to him, or were married or engaged to him within 300 days of the birth. A DNA test alone does not establish paternity. Paternity is established only through a court proceeding or a signed paternity affidavit.

If the father has not established paternity, the path is usually clear. Indiana’s putative father registry and notice rules still apply, and we handle those steps correctly so your adoption is secure. If he has established paternity, we will give you an honest assessment of your specific situation. Do not assume the answer before we have talked. In many situations the door is wide open.

Step 3: You Choose the Family

You review profiles from our more than 100 carefully screened waiting families, who can come from anywhere in the country. All of our families are carefully screened, so you really cannot make a bad decision. You just need to make the decision that feels right to you. Most mothers tell us it takes looking at profiles and speaking with a family to really know.

Step 4: You Sign the Consent When You Are Ready

Since your baby is already born, there is no waiting period. Under Indiana Code 31-19-9-2(b), a mother can sign the consent any time after birth. Once signed, it is legally binding. There is a 15-day window to attempt to withdraw consent under Indiana Code 31-19-10-3(a), but this is very difficult, and consent is effectively final. If you are certain, you can confirm your consent before a judge by phone under Indiana Code 31-19-10-3(b), which waives that window and gives everyone peace of mind. You will almost certainly never have to step foot in a courtroom.

Step 5: Placement Happens Gently

The transition of your baby to the adoptive family is handled with care, on a plan that respects you. Some mothers want to meet the family and hand the baby to them personally. Some want time to say goodbye privately. There is no wrong way. With the help of our on-staff licensed social worker, Jordyn Mercer, we can come up with a plan that works for you.

Step 6: You Stay Connected as Much as You Want

All of our families commit to letters and photos for at least 18 years at minimum, and many offer visits and video calls. One detail worth knowing: if your child is 12 months or older at the time of the adoption, Indiana Code 31-19-16-2 allows a written post-adoption contact agreement, which is not available for newborns. Closed adoption remains your choice, not the family’s.

Time Is of the Essence

Here is the most important thing we can tell you. In the past, placing a baby for adoption after taking the baby home was considered a hard thing to do. That has changed. We have done many of these placements in the last six months, and we have learned how to make the process easier and smoother, especially when we are involved early.

The single best thing you can do is call sooner rather than later. Every week that passes can add complexity, mostly around the father and paternity. Calling does not commit you to anything, but it protects every option you have.

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 ready to help.

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

For a complete overview of your options, read our guide: Your Options With an Unplanned Pregnancy 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.