Adoption FAQs

How Adoption Works

The first step is simply making a phone call or sending a message to an Indiana adoption law firm like the family owned and operated Indiana Adoption law firm of Kirsh & Kirsh, P.C.. Unlike a licensed child placing agency, we are adoption attorneys — meaning we handle everything, including the legal work, under one roof. If you work with an adoption agency they need to hire and adoption attorney. Working directly with an adoption attorney helps cut out the middle man. You don’t have to be decided on giving up your baby for adoption — curious is enough. An adoption coordinator will walk you through your options with zero pressure or judgment.

From there, the basic steps are:

  • Talk with an adoption coordinator who explains all your options (parenting, adoption, and others)
  • If adoption feels right, create an adoption plan — your personal roadmap that you control
  • Review profiles of pre-approved families and choose the one that feels right
  • Prepare for the hospital, including how much time you want with your baby
  • After birth, sign legal paperwork when you’re ready (not before)
  • Receive ongoing counseling and support — for as long as you need it

There is no deadline. You can start this conversation whether you’re 6 weeks pregnant, 8 months along, or even after your baby is born.

An adoption plan is your personal blueprint for how the adoption unfolds. Think of it as your voice throughout the entire process. You decide:

  • What kind of family you want for your baby (two parents, single parent, faith background, lifestyle, location)
  • Whether you want an open, semi-open, or closed adoption
  • What your hospital experience looks like — who is in the room, how much time you spend with your baby, whether the adoptive family is present
  • How and when placement happens
  • What ongoing contact (if any) looks like after placement

This is your plan. A good adoption law firm guides and supports you — it doesn’t make decisions for you. You are in charge at every step.

Yes — there is no deadline. Many moms contact us very late in pregnancy or even after their baby is born. The process simply moves a bit faster to ensure everything is in place.

If you’ve already taken your baby home and later decide adoption is right for you, that is also a valid and legal option in Indiana. You can choose adoption days, weeks, or even months after birth.

Whatever your situation, please don’t let timing stop you from reaching out. We have helped many moms in exactly this position.

Adoption law firm (like Kirsh & Kirsh, P.C. / IndianaAdoption.com): We are adoption attorneys who provide the full range of adoption services — counseling, family matching, and all legal work — under one roof. Because we are a law firm rather than a licensed child placing agency, your legal representation is built into the process from day one. Many birth mothers prefer working directly with attorneys because there is no hand-off between an agency and a separate lawyer. Our clients are some of the only prospective adoptive parents that are willing to pay for you to have your own attorney. We were the first in the state of Indiana to offer birth parent representation at no cost to the birth parents.

Licensed child placing agency: An adoption agency provides counseling, matching, and support services, then coordinates with a separate adoption attorney to handle the legal filings. Kirsh & Kirsh, P.C. is able to provide adoption services comparable to an Indiana licensed child placing agency — while also serving as your legal counsel throughout.

Foster care adoption: This is a separate path involving children already in the state system, typically older children. It is generally not the route for expectant moms placing a newborn.

Absolutely not. Calling or texting us is simply getting information. A reputable adoption law firm will always explore all your options with you — parenting, adoption, and others — without steering you in any direction.

Many women who contact us ultimately choose to parent their baby. We’re happy to connect them with resources that make that possible. Our only goal is to help you make the decision that is truly right for you and your child.

No commitment. No pressure. No judgment. You can call us today and decide tomorrow — or never — that adoption isn’t for you. That is completely okay.

Your Legal Rights in Indiana

Indiana Law: You cannot sign legal adoption consent papers before your baby is born. The law requires that consent be given only after birth, and it must be voluntary and in writing.

No one can legally pressure or coerce you into signing adoption paperwork. You have the right to take as much time as you need after giving birth before signing anything. There is no law that says you must sign on any particular day after delivery.

Your adoption counselor and your own attorney (who represents only you, not the adoptive family) will be with you to ensure you understand everything before you sign.

Indiana Law: Once you sign your consent to adoption, you have no period of time to revoke your consent to adoption. You do have 15 days to attempt to withdraw that consent — and withdrawing it is extremely difficult. You must petition the court, notify the adoptive parents, and convince a judge that withdrawal is in your baby’s best interest. This is a high legal bar that is rarely met. If after you sign the consent to adoption you appear before the court and the judge accepts your judicial acknowledgment of consent, you waive even that 15-day window and your consent becomes immediately final.

This is why the most important advice we can give you is this: do not sign your consent to adoption until you are completely certain. There is no rush to sign. Take all the time you need after giving birth to process your feelings and be sure in your decision.

It is far better to wait an extra day before signing than to sign and then face an uphill legal battle to withdraw. This is precisely why, when we partnered with the Indiana Hospital Association and wrote the hospital policy on adoption for all of the hospitals in Indiana, we included in that policy that it is preferred for a birth mom to wait 24-hours after delivery before signing a consent to adoption. Your attorney will never pressure you to sign before you are ready, and neither will we.

The 15-day withdrawal window is not a safety net you should plan to rely on. Think of your consent signature as final, and only sign when you are at peace with your decision.

It depends on the birth father’s legal status and level of involvement. In Indiana, birth father rights are taken seriously, but there are several situations in which his consent may not be required:

  • If he was never married to you and has not legally established paternity
  • If he has abandoned the child for 6 months or more
  • If he has failed to pay support for the child for a period of 12 months or more
  • If he has failed to communicate with the child for a period of 12 months of more
  • If he has failed to register with Indiana’s Putative Father Registry within the required time frame
  • If a court has already terminated his parental rights

Indiana Law: An unmarried birth father, who is not identified by the mother before she signs a consent to adoption must register with Indiana’s Putative Father Registry before the later of 30-days from birth or the filing of a petition for adoption or a petition to terminate parental rights, or he may lose his right to contest it. Under Indiana Law, after the registration window closes, his consent to the adoption is irrevocably implied.

Every situation is different. Our Indiana Adoption coordinators will walk you through what applies to your specific circumstances and connect you with legal guidance.

No, it is not required, but we recommend you have your own attorney. Don’t worry though! It is free to you. In a properly structured adoption, you are represented by your own independent attorney who has only your interests in mind (not the adoptive family’s). The cost of your legal representation is covered by the adoptive family. This is something that Kirsh & Kirsh, P.C. started in Indiana. We want all moms to have proper legal representation, if they so choose.

This is a critical protection. Your attorney reviews all paperwork with you, explains your rights, and ensures you are never signing something you don’t fully understand.

Never work with an adoption arrangement where you are expected to share an attorney with the adoptive family, or where you are pressured to sign anything without independent legal counsel.

You have full rights to pursue adoption regardless of immigration status. Adoption attorneys and hospitals do not report information to immigration authorities. Hospitals are healthcare facilities, not enforcement agencies, and anything you share with your counselor is confidential.

If you don’t have health insurance, we can help you apply for Medicaid, which covers pregnancy and delivery costs. If you don’t qualify, the adoptive family can cover your medical expenses.

Your well-being and safety matter. Please don’t let immigration concerns prevent you from getting the support and information you need.

Financial Help & Support

Yes — adoption is 100% free for expectant mothers. You pay nothing. Because Kirsh & Kirsh, P.C. is a law firm rather than a traditional adoption agency, there are no separate agency fees — our legal services are provided to you at no cost.

Beyond that, Indiana law allows adoptive families to provide financial assistance for pregnancy-related living expenses. These can include:

  • Rent and utilities
  • Groceries and household essentials
  • Maternity clothing
  • Transportation (to doctor appointments, legal meetings, etc.)
  • Phone bills
  • Counseling and mental health support

Indiana Law: Indiana Code § 36-46-1-9 permits up to $4,000 in financial assistance for pregnancy-related expenses from the second trimester through approximately six weeks after birth.

No — and it’s important to understand why. It is illegal in Indiana (and in every U.S. state) to pay or receive payment in exchange for placing a child for adoption. This law exists to protect both you and your baby. This is why it is important to work with a reputable adoption attorney like Kirsh & Kirsh, P.C. and to not fall victim to any human trafficking or illegal adoption practices by working with adoption facilitators (organizations or individuals that are unlicensed to assist with adoptions in Indiana).

The financial assistance described above covers your pregnancy-related needs — it is not payment for your child. Any agency or person who offers to “pay you” for your baby is engaged in illegal activity and should be avoided immediately.

Legitimate adoption law firms and adoption agencies like Kirsh & Kirsh, P.C. will always be transparent about what is legally allowed and will never ask you to participate in anything unethical or illegal.

Yes. If you don’t have insurance, we will help you apply for Indiana Medicaid, which can cover prenatal care, labor and delivery, and postpartum care for qualifying expectant mothers. Many of the women we work with qualify.

If you don’t qualify for Medicaid, the adoptive family can cover your medical expenses. Medical expenses are not counted toward the $4,000 of permitted financial assistance.

Either way, the cost of your medical care will not fall on you. This is one of the most important commitments we make to every expectant mother we work with.

No, you do not have to pay back living expenses you have received from the prospective adoptive parents. They understand that the money given to you is money at risk during the adoption process. Indiana courts typically do not enforce repayment agreements against birth mothers.

Your decision about whether to place your baby for adoption must be completely free and voluntary. A reputable adoption law firm will never use financial assistance as leverage or pressure against you. If you change your mind, your decision is respected — full stop.

Always ask your Indiana adoption coordinator and attorney about this specifically before accepting any financial support, so you have clarity and peace of mind.

Your Feelings & Emotional Support

No. Choosing adoption is one of the most profound acts of love a mother can make. It means you are putting your child’s well-being and future first — even when it is incredibly painful for you.

Women choose adoption for many reasons: having a difficult time caring for their existing children, financial hardship, not being ready to parent, wanting a different life for their child than they can currently provide, health issues, relationship circumstances, and more. None of these reasons make you a bad person. They make you human.

Even though many people say “giving up for adoption” you are not “giving up” your child. You are making a courageous, carefully considered plan for their life. That is the opposite of giving up.

If you choose, you will have access to professional counseling throughout the process and after — because your emotional wellbeing matters deeply to us.

Grief after placement is real and normal — and it doesn’t mean you made the wrong decision. Most birth mothers describe a complex mix of sadness, relief, love, and peace. These feelings can coexist.

Research consistently shows that birth mothers who feel well-informed, supported, and in control of their adoption plan — and who have ongoing contact with their child through open adoption — report the highest long-term wellbeing and peace with their decision.

Regret is less common when:

  • You made the decision on your own terms, without pressure
  • You chose the family yourself
  • You had professional counseling before and after
  • You have some level of ongoing contact with your child
  • MOST IMPORTANTLY – You make a well reasoned decision, not an emotion decision

We stay with you long after placement — because healing is a journey, and you deserve support for as long as you need it.

You’ll have access to free, professional counseling at every stage:

  • Before placement: A dedicated counselor who helps you explore all options, process your feelings, and create your adoption plan without pressure
  • At the hospital: Your counselor will be available before, during, and after delivery — so you’re never facing this alone
  • After placement: Ongoing sessions for as long as you need, support groups with other birth mothers, and connections to community resources

You can also be connected with birth mothers who have been through this journey and are willing to share their experience. Hearing from someone who truly understands can be one of the most helpful things during this time.

This is entirely your choice. You are not obligated to tell anyone about your adoption plan. Your pregnancy and your decision are private. Many women keep their adoption plan completely confidential until after placement — or indefinitely.

If friends or family disapprove, remember: this is your life and your child’s life. Their opinions, however well-meaning, don’t override your right to make the best decision for you and your baby.

Your adoption counselor can help you prepare for difficult conversations, set boundaries with family members, and process the emotions that come from unsupportive reactions.

You don’t owe anyone an explanation. But if you want help figuring out what to say, we’re here for that too.

Choosing the Right Family

Yes, if you want — you have complete control over choosing the family for your baby. This is one of the most important parts of modern adoption. No one can force or pressure you to choose a particular family.

You’ll review detailed profiles of pre-screened, pre-approved families — including photos, personal letters, information about their home, lifestyle, values, careers, faith, and plans for raising your child. You take as much time as you need.

You can specify exactly what matters to you:

  • Two-parent or single-parent family
  • Location (in-state, out-of-state, rural, suburban, urban)
  • Faith background or lack thereof
  • Lifestyle and hobbies
  • Whether they already have children
  • Pet-friendly home, stay-at-home parent, financial stability, and more

If none of the profiles feel right, you keep looking. You don’t have to choose a family until you feel genuinely good about them. We have over 100 families waiting to adopt at any given time.

Yes. Many birth mothers choose to meet one or more prospective adoptive families before making their decision. This can happen in person, over video call, or by phone — whatever feels comfortable to you.

There is no obligation to meet families in person, and meeting someone doesn’t mean you’re committed to choosing them. You can meet multiple families and take all the time you need to decide.

Some expectant mothers develop a close, warm relationship with the adoptive family during pregnancy. Others prefer to keep more distance. Both are valid — it’s entirely up to you.

Every family in our network goes through a thorough home study process before they are approved. This includes:

  • Criminal background checks for all adults in the home
  • Child abuse and neglect registry clearances
  • Home safety inspection
  • Financial stability review
  • Personal interviews and references
  • Health assessments
  • Parenting education

Only families who pass every part of this process are presented to expectant mothers. You will never be asked to consider a family that hasn’t been fully vetted.

Open Adoption & Staying Connected

Open adoption means you maintain some level of contact with your child and the adoptive family after placement. The level of openness is entirely your choice and is agreed upon in your adoption plan.

Open adoption can look like:

  • Occasional photos and letters exchanged through our office
  • Email or social media updates
  • Video calls on birthdays or holidays
  • In-person visits once or twice a year
  • Or anything in between

Research overwhelmingly supports open adoption. Studies show it benefits birth mothers, adoptive families, and most importantly, children — who grow up with a clearer sense of identity and fewer unanswered questions.

Open adoption is the most common arrangement in the United States today, though semi-open and closed adoptions remain options if that is your preference.

Indiana Code § 31-19-16 allows for legally enforceable post adoption contact agreement for adoption of children who are at least 12 months old at the time of adoption. For all newborn adoptions, you can still have an open adoption, it is just not legally enforceable. This is why it is important that you build trust with the family you choose to adopt your child.

Yes. A closed adoption — where no identifying information is shared and there is no ongoing contact — is still a valid choice. Some birth mothers who have been through some level of trauma with the father of the child, or for other personal reasons prefer complete privacy, and that decision is fully respected.

In a closed adoption, you can still choose your baby’s adoptive family based on non-identifying profiles, if you would like. Alternatively, you can ask our adoption coordinator to choose the best family for you. Our law firm serves as the intermediary to ensure placement goes smoothly.

It’s worth knowing that even if you start with a closed adoption, under Indiana Law, when an adoptee turns 18 years old they get automatic access to their original birth certificate, which would have the birth mother’s name on it. If the birth mom does not want the child to get access to that original birth certificate they will need to file a form with the Indiana Department of Health to block the release of that original birth certificate. Your attorney can explain Indiana’s specific laws around this.

Indiana Law: Post-adoption contact agreements are legally enforceable for children who are 12 months or older at the time of adoption. Enforcement is under the jurisdiction of the court. These agreements are governed by Indiana Code § 31-19-16.

For newborn adoptions, open adoption agreements are often honored based on mutual good faith rather than court enforcement. The vast majority of adoptive families honor their open adoption commitments.

We encourage choosing a family whose values and communication style make you feel genuinely confident they will honor your agreement — not just a family who signs a document.

Yes. In modern adoption, the recommendation from child psychologists and adoption experts is that children should know about their adoption from an early age — and be told their story with love and honesty.

All of our adoptive families are committed to telling their child about their adoption and about their birth mother. In open adoptions, your child will grow up knowing who you are. In semi-open adoptions, they will know about you through letters and photos. Even in closed adoptions, adoptive parents are encouraged to share what they know about your story at an age-appropriate time. Regardless of the level of openness, the child will always know they are adopted and that they were adopted because their birth parents loved them.

What your child knows about you is something you have input over as you craft your adoption plan — including letters or keepsakes you’d like passed along to them.

The Hospital Experience

You will not be alone. Your adoption counselor will be in close contact with you as your due date approaches and will come to the hospital to support you during and after delivery.

You are in complete control of your hospital experience. Your birth plan can include:

  • Who is in the delivery room with you
  • Whether the adoptive family is at the hospital at all, and when/if they see the baby
  • How much time you want to spend with your baby
  • Whether you want to feed or hold your baby
  • What name appears on the birth certificate before placement
  • Photos and keepsakes you want to keep

Hospital staff are experienced with adoption situations. Your wishes will be communicated to them in advance so everyone is working to honor your plan.

Yes — absolutely yes. This is your baby. You have every right to hold, feed, name, and spend as much time with your baby as you wish during your hospital stay. Many birth mothers find this time to be profoundly meaningful and healing.

There is no “right” amount of time. Some mothers spend every moment with their baby. Others find it emotionally easier to have the adoptive family present more quickly. Both are valid. Your counselor will help you think through what will feel right for you — and honor whatever you decide.

There is no wrong choice here. Do what feels right in your heart.

If you sign a consent to adoption your baby goes home from the hospital with the adoptive family. They become the primary caregivers and are responsible for your baby’s health, safety, and wellbeing from that point forward.

During the legal period before the adoption is finalized, the adoptive family is granted full legal and physical custody of the baby pending a final hearing by the court on the adoption. They are fully committed to your child and are not going to walk away.

The legal finalization typically happens several months after placement at a court hearing. You are not required to attend, but you may if you wish.

You can change your mind at any time before you sign legal paperwork. No one can force you to place your baby. Your counselor will not pressure you. The adoptive family will not pressure you. This is your decision.

It is completely normal to feel uncertain, overwhelmed, or conflicted at the hospital. Your counselor’s job is to support you — not to push you in any direction.

Remember: you cannot sign legal consent papers until after birth, and there is absolutely no rush to sign. Once you sign, withdrawing your consent under Indiana law is extremely difficult and not guaranteed — so the right time to sign is when you are fully at peace with your decision, not before.