How to Adopt a Child From Indiana Foster Care – A Step-by-Step Guide

By: Grant Kirsh

Adopting a child from Indiana foster care is one of the most meaningful things a family can do. It is also a process that can feel confusing, slow, and hard to navigate — especially when you are doing it for the first time.

At Kirsh & Kirsh, P.C., we have helped families complete nearly 3,000 foster care adoptions in Indiana. We are a family-run law firm based right here in Indiana, and foster care adoption is one of the things we care about most deeply. We serve families in every corner of this state — from Marion County and Hamilton County to Lake County, Allen County, St. Joseph County, Tippecanoe County, Hendricks County, Elkhart County, Johnson County, Delaware County, Vanderburgh County, Porter County, Madison County, Vigo County, Monroe County, and beyond.

Our goal is to help you understand exactly what to expect — and to be in your corner every step of the way.

Step 1: Become a Licensed Foster Parent

In Indiana, most children available for adoption through the foster care system are first placed in licensed foster homes, unless a kinship relationship exists between the child and the child and the people wanting placement of that child. If you want to adopt from foster care, the typical path begins with becoming a licensed foster parent through the Indiana Department of Child Services (DCS).

Licensing requirements include completing a home study, background checks, required training hours, and a home inspection. The process is thorough — but it is manageable, and we can help you understand what is expected at every stage.

Some families enter the foster care system with the specific goal of fostering and then adopting. This is sometimes called “foster to adopt.” It is important to understand that when a child is first placed in your home as a foster child, reunification with the biological family is usually the first goal. Adoption becomes the plan when reunification is no longer possible.

Step 2: A Child Is Placed in Your Home

Once you are licensed, DCS can begin placing children with you. Placements can happen quickly — sometimes with very little notice. Children in foster care range widely in age, background, and needs. Some families request placements of younger children; others are open to older children or sibling groups.

If your goal is adoption, it is worth being thoughtful about the placements you accept and communicating clearly with DCS about your family’s strengths and preferences.

Step 3: The Biological Family’s Parental Rights Are Addressed

Before a foster child can be adopted, the parental rights of the biological parents must be legally terminated, either voluntarily or in most cases, involuntarily. This happens through a court proceeding. In some cases, parents voluntarily relinquish their rights. In others, DCS petitions the court to terminate rights due to abandonment, abuse, neglect, or other grounds defined by Indiana law.

This step can take time — sometimes significantly longer than families expect. Patience and the right legal support are both essential here. An experienced foster care adoption attorney can help you understand where things stand and what to expect as you move through this stage.

Step 4: The Child Is Legally Freed for Adoption

Once parental rights are terminated, the child is legally free to be adopted. At this point, DCS works to finalize an adoptive placement. If the child has been living with you as a foster child, you will typically be given priority as the adoptive family — particularly if a strong bond has formed.

Step 5: The Adoption Is Finalized in Court

The final step is a court hearing at which a judge officially makes the child a permanent, legal member of your family. This is one of the most joyful moments in the entire process — and one we are honored to be part of.

At Kirsh & Kirsh, P.C., we handle foster care adoption finalizations in courts across Indiana. We know the judges and courts in Marion, Hamilton, Lake, Allen, St. Joseph, Tippecanoe, Hendricks, Elkhart, Johnson, Delaware, Vanderburgh, Porter, Madison, Vigo, and Monroe Counties — and we bring that experience to every family we serve.

What Does Kirsh & Kirsh, P.C. Do in This Process?

We are the legal team that guides you through the court process — from the termination of parental rights through to finalization. We know Indiana’s DCS system, its courts, and its judges. We have handled nearly 3,000 foster care adoptions in Indiana, and we bring that depth of experience to every family we work with.

We will make sure your legal rights are protected, that you understand what is happening at every stage, and that your family crosses the finish line.

Ready to Learn More?

If you are thinking about adopting from Indiana foster care — whether you are just starting to explore it or you are already in the middle of the process — we are here to help.

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

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.