What Happens to Parental Rights in Indiana Foster Care Adoption?

By: Grant Kirsh

One of the most significant legal steps in any Indiana foster care adoption is the termination of parental rights, often called TPR. Before a child in foster care can be legally adopted, the parental rights of both biological parents must be terminated by a court. Understanding how this process works is essential for any family working toward adoption through Indiana’s foster care system.

At Kirsh & Kirsh, P.C., we have handled nearly 3,000 foster care adoptions across Indiana, and TPR proceedings are a central part of what we do. 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 courts across Indiana.

Why Must Parental Rights Be Terminated?

Indiana law recognizes that every child has the right to a permanent, legally stable family. As long as a biological parent retains parental rights, that permanency is not possible. A child cannot be fully and legally adopted by a new family until the prior legal parent-child relationship is extinguished by the court.

This is why TPR is a necessary step in every foster care adoption, it is what clears the legal path to permanency.

How Does TPR Happen?

Termination of parental rights in Indiana foster care cases is involuntary in most cases. This means it happens through a court proceeding in which a judge determines, based on evidence, that the statutory grounds for termination have been met. Indiana law sets out specific grounds for TPR, which can include:

• The child has been removed from the home and the conditions that led to removal have not been remedied
• A parent has failed to complete their CHINS case plan
• Continuation of the parent-child relationship poses a threat to the child’s well-being
• A parent has abandoned the child

In some cases, parents may voluntarily consent to the termination of their own parental rights. This is less common but does occur.

Who Can File for TPR in Foster Care Cases?

In CHINS and foster care matters, DCS or the Guardian ad Litem may file a petition for termination of parental rights. Foster parents and adoptive families do not file the TPR petition themselves, that is typically DCS’s role. However, having an experienced adoption attorney who can monitor the process, communicate with DCS, and ensure things are moving forward is essential.

What Happens at the TPR Hearing?

A TPR hearing is a formal court proceeding. Evidence is presented, witnesses may testify, and the judge makes a determination about whether the statutory grounds for termination have been met and whether termination is in the child’s best interests.

If the judge grants the TPR petition, parental rights are legally severed. The child becomes legally free for adoption.

If a parent contests the termination, the hearing can become more complex and may take considerably longer. An experienced foster care adoption attorney who knows Indiana courts and the judges in your county can help navigate this process as efficiently as possible.

What Happens After TPR?

Once parental rights are terminated, DCS works to finalize an adoptive placement. If the child has been living with you as a foster family and a strong bond has formed, you will typically be given priority as the adoptive family. The adoption is then finalized at a court hearing, one of the best days of the entire journey because it means the child is finally achieving permanency through adoption.

We Handle Foster Care Adoption With Related TPR Cases Across Indiana

At Kirsh & Kirsh, P.C., we guide families through every step of the adoption process. It is not typical for foster parents to intervene in CHINS or TPR cases though. We know Indiana’s foster care courts, and we bring nearly 50 years of experience to every case we handle.

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.