A Contested TPR Does Not Mean a Contested Adoption in Indiana

By: Grant Kirsh

One of the biggest fears prospective adoptive families have about foster care adoption in Indiana is this: what if the biological parents fight the termination of parental rights? Does that mean the adoption will be contested too?

The answer, in the vast majority of cases, is no. A contested TPR and a contested adoption are two completely different things. Understanding this distinction can remove a major source of fear and hesitation for families who are otherwise ready to adopt from Indiana foster care.

At Kirsh & Kirsh, P.C., I have personally handled nearly 3,000 foster care adoptions in Indiana. I have seen contested TPR proceedings many, many times. And in my experience, a contested TPR almost never results in a contested adoption. Here is why.

TPR and Adoption Are Separate Proceedings

In Indiana’s foster care system, there are two distinct legal steps that must happen before a child is permanently yours.

First, the parental rights of the biological parents must be terminated. This is the TPR proceeding. As previously mentioned, DCS, GAL, CASA or placement may file TPR. The biological parents have the right to contest it, and many do, at least initially. That is their legal right. The court then evaluates the evidence and makes a determination.

Second, after parental rights are terminated, the adoption proceeding takes place. This is a separate legal filing, a separate court process, and in most cases, a separate outcome from whatever happened in the TPR. If the parents’ rights have been terminated in the TPR, pursuant to Indiana Code they are not allowed to contest the adoption since their parental rights have been terminated.

Why Biological Parents Fight TPR

Many biological parents contest TPR because it is the last legal proceeding in which they have standing. They may be advised by their own attorneys to contest, or they may not yet be ready to accept that reunification is over. Some contest on principle. Some contest to buy more time. Some contest because they feel family pressure that they are supposed to “fight for their children,” even though they might not have participated in the CHINS case and done what they need to do to achieve reunification.

This does not mean they are going to contest the adoption. In fact, by the time the TPR is resolved and the child is legally freed for adoption, the biological parents’ legal rights have ended. They do not have standing to contest the adoption in most cases.

What Does This Mean for You as a Foster Parent?

It means you should not let fear of a contested TPR stop you from pursuing adoption. A contested TPR is stressful. It can extend the timeline. It requires patience. But it is a normal part of Indiana’s foster care legal process, and it does not mean the adoption will be hard.

In the vast majority of cases I have handled, once parental rights are terminated, the adoption itself proceeds smoothly. The finalization hearing is a joyful, brief court proceeding that marks the official beginning of your forever family.

Having the Right Attorney Matters

An experienced foster care adoption attorney who knows Indiana courts, DCS, and the judges in your county can help you understand where the TPR stands, what to expect, and how to keep things moving. At Kirsh & Kirsh, P.C., we serve families in Marion County, Lake County, Allen County, Hamilton County, Tippecanoe County, St. Joseph County, Hendricks County, Elkhart County, Johnson County, Delaware County, Vanderburgh County, Porter County, Madison County, Vigo County, Monroe County, and across the state. We have been navigating contested TPR proceedings for nearly 50 years.

It is worth noting that foster parents do not typically intervene in CHINS or TPR cases. But having an attorney who is monitoring the process and keeping you informed makes an enormous difference in how you experience it.

Do Not Let Fear Hold You Back

Children in Indiana’s foster care system need permanent families. Some of those children are caught in lengthy TPR proceedings through no fault of their own. The families who show up for them, who are willing to be patient through the legal process, are the families who change lives.

A contested TPR does not mean a contested adoption. It means the system is working through its legal process. And at the end of that process, there is a finalization hearing, a judge, and a child who finally belongs to a family forever.

Call us at 317-575-5555. Visit us at DCSAdoptions.com.

For a complete overview of the foster care adoption process, read our Complete Guide to Adopting from Indiana Foster Care.

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.