Can I Give Up My Baby for Adoption If the Father Is Not Involved? What Indiana Law Says

By Grant Kirsh

One of the most common questions we hear from expectant mothers thinking about how to give up a baby for adoption in Indiana is this: what if the father is not in the picture? Can I still place my baby for adoption?

The short answer is yes — in many cases, you can. But the longer answer depends on your specific situation, because Indiana law does give biological fathers certain rights in the adoption process. Understanding those rights — and what they mean for you — is an important part of making an informed decision.

At Kirsh & Kirsh, P.C., we have been navigating exactly these kinds of situations for over 40 years. We are a family-run Indiana adoption law firm — not a national adoption agency — and we have helped birth mothers from Indianapolis, Fort Wayne, Evansville, South Bend, Bloomington, Muncie, Terre Haute, Hammond, Gary, Lafayette, Kokomo, Anderson, Carmel, Fishers, and Greenwood work through the legal realities of their specific situations with honesty and care.

Here is what you need to know.

What Rights Does a Birth Father Have in Indiana?

In Indiana, a biological father’s rights in an adoption depend on whether he has legally established paternity and whether he takes certain steps to protect his parental rights.

It is important to understand that a DNA test — even one showing 99% or higher probability of paternity — does not legally establish paternity in Indiana. Paternity is legally established in only one of two ways: through a court proceeding, or through a signed paternity affidavit. Without one of those two things, a biological father has not legally established paternity, no matter what a DNA test shows.

Indiana also has a putative father registry. A man who believes he may be the father of a child can register within 30 days of the child’s birth to be notified of adoption proceedings. If he does not register in time, his ability to contest the adoption becomes impossible.

If an alleged father or legal father is served with notice of an adoption proceeding, he has 15 days to file a motion to contest it. If he does not act within that window, his consent to the adoption is irrevocably implied.

What If the Father Is Completely Out of the Picture?

If the father has had no involvement, has not legally established paternity, and does not register with the putative father registry, the adoption can often proceed without his consent. Indiana law does not require the participation of a father who has not taken legal steps to establish and protect his parental rights.

That said, every situation is different. The details matter — how long he has been absent, whether he has provided any support, and what contact there has been. These are exactly the kinds of questions an experienced Indiana adoption attorney needs to walk through with you personally. This is another reason it is wise to work with an adoption attorney rather than an adoption agency on when looking to create an adoption plan for your child.

What If the Father Says He Wants to Parent — But Has Not Been Involved?

A father who has not been involved during the pregnancy may express interest in parenting once an adoption plan is in place.

Indiana law looks at whether a father has taken meaningful steps to establish a relationship with the child and to support the mother during the pregnancy. Expressions of interest alone — without real action — carry limited legal weight. An experienced adoption attorney can help you understand how Indiana courts view these situations.

What If I Do Not Know Who the Father Is?

This situation also arises, and it does not necessarily prevent an adoption from moving forward. An adoption attorney will work through the legal steps required to address unknown paternity in a way that protects your adoption from future challenge.

What If the Father Is Someone I Am Afraid Of?

Your safety matters — and it is something we take seriously. If there are safety concerns related to the father of your baby, please tell us. There are legal tools available to protect you, and we will make sure your situation is handled with the care and discretion it deserves. You are not alone in this.

Do Not Try to Navigate This Alone

Father-related situations in adoption can be legally complex, and the specifics of your case matter enormously. This is not an area where general information from the internet is enough — you need guidance from an attorney who knows Indiana adoption law and has handled these situations many times before.

At Kirsh & Kirsh, P.C., this is exactly what we do. Our services are 100% free to you. You will never pay us anything — not for the consultation, not for our guidance, not for help navigating the father’s situation.

Whether you are trying to figure out how to give up your baby for adoption in Indianapolis, how to put up your baby for adoption in Evansville, or you are in Muncie, Kokomo, Anderson, Terre Haute, or anywhere in Indiana — we are here.

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