How Soon After Birth Can You Place a Baby for Adoption in Indiana?

By: Grant Kirsh

One of the most common questions expectant mothers ask when they are thinking about how to give up a baby for adoption is: how soon after the baby is born can I sign the paperwork?

The answer in Indiana is different from many other states, and understanding it clearly can help you plan and feel prepared. At Kirsh & Kirsh, P.C., we have been guiding Indiana birth mothers through this process for nearly 50 years. Here is what the law says.

Indiana Law: No Specific Waiting Period

In Indiana, you cannot sign the consent to adoption until after your baby is born. That much is clear. But unlike many other states, Indiana does not have a specific legally required waiting period after birth. There is no 24-hour rule, no 48-hour rule, and no 72-hour rule written into Indiana adoption law.

This is something that many national adoption agencies and even some attorneys get wrong. They cite waiting periods that apply in other states and mistakenly apply them to Indiana. This is one of many reasons why working with an attorney who knows Indiana law specifically matters so much.

The Indiana Hospital Association Policy

While Indiana law does not impose a specific waiting period, the Indiana Hospital Association has a policy that most hospitals follow. Kirsh & Kirsh, P.C. helped draft this policy and update it as recently as 2025.

The policy recommends that hospitals prefer birth mothers wait no sooner than 24 hours after a normal delivery, or 48 hours after a c-section, before signing the consent to adoption. This is a hospital policy, not a law. It exists to give you time to rest, recover, and be with your baby before making a permanent decision.

What Happens After You Sign?

Once you sign the consent to adoption in Indiana, it is legally effective and legally binding. Pursuant to Indiana Code § 31-19-10-3(a) there is a 15-day window during which you may attempt to withdraw your consent, but this is very difficult and is not a true revocation period. For all practical purposes, once you sign, the decision is final. Some birth parents choose to confirm their consent for the judge, over the phone. By doing this, in accordance with Indiana Code § 31-19-10-3(b), the birth parent gives up their 15-day window to attempt to withdraw their consent to the adoption. This give the adoptive parent a little more peace of mind that the birth parent is certain about their decision to proceed with the adoption. In order to confirm a consent to adoption the birth parent can voluntarily provide a judicial acknowledgement of their consent to adoption pursuant to Indiana Code § 31-19-10-3(b) by appearing either over the phone, virtually, or in person and providing testimony for the court that they: (1) understood the consequences of signing the consent to adoption, (2) freely and voluntarily signed the consent to adoption, and (3) believes the adoption is in the child’s best interest.

This is why we take the time before consent so seriously. At Kirsh & Kirsh, P.C., we make sure you feel ready. We were the first in Indiana to offer birth mothers their own independent attorney, paid for by the adoptive family, so you have someone in your corner whose only job is to make sure you understand what you are signing and that no one is pressuring you.

Can You Plan Ahead?

Absolutely. In fact, we encourage it. You do not have to wait until your baby is born to start exploring adoption. You can reach out to us at any point during your pregnancy, learn about your options, review family profiles, and make a plan that feels right to you. The earlier you start the conversation, the more time you have to feel informed and prepared.

That said, even if you have a plan in place, nothing is legally binding until after your baby is born and you sign the consent. You can always change your mind before that moment.

Our Services Are Free

At Kirsh & Kirsh, P.C., everything we do for birth mothers is 100% free. You will never pay us anything. We have over 100 families waiting to adopt, and adoptive families can come from anywhere in the country. We know the hospitals, social workers, and doctors across Indiana, from Indianapolis and Carmel to Fort Wayne, Evansville, South Bend, Bloomington, Hammond, Gary, Muncie, Lafayette, Terre Haute, Kokomo, Anderson, Fishers, and Greenwood.

We are here when you are ready.

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

For a complete overview of the adoption process, read our Complete Guide to Giving Up a Baby for Adoption 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.