Legal Question in Family Law in Indiana

Re: husband in jail, I got pregnant and want to give baby up for adoption.

You didn't mention who the father was. As your husband was in prison at time you got pregnant, is he the father? Under Texas law, whether he is or not, he is presumed the father. However, if the real father steps up and tests confirm he is, then that presumption can be rebutted.

Regardless, your husband's consent will be necessary as his rights will either have to be terminated or he will have to be ruled out as the father.

Re: husband in jail, I got pregnant and want to give baby up for adoption.

It would help to know if the child was born in Indiana, or at least resides in the state. IF the child is in the State of Indiana,jurisdiction is here.The next question is whether paternity has been established. If your hushand or another's name was actually listed on the birth certificate as the natural father then person must not only be put notice, but give consent as well. If the actual father's where abouts is unknown, it may be possible to place that person on notice by way of publication. However, there may be other factors to consider and this should be considered as the last word on the subject.

Re: husband in jail, I got pregnant and want to give baby up for adoption.

I can partially agree with Mr. Pfister to the extent that if the baby's father is not your husband, then his relinquishment is not required if you have conclusive evidence (DNA). I handle many adoptions in TX and throughout the US. Please contact me by e-mail if you want my legal assistance in this matter.

Re: husband in jail, I got pregnant and want to give baby up for adoption.

If you were married to him, then he is the presumed father of the child and must give his consent. A power of attorney does not matter here.

It would not be good for your child to be adopted and then in a year, your husband finds out and attempts to undo the adoption. Win or lose, the child loses.

Are you using an adoption agency (which will have an attorney) or a private attorney? Either way, the attorney should be able to discuss all of these issues with you.

The one thing that you you do not want is to have an adoption that is later called into question. Remember that your husband did not lose any rights to his child when he was convicted or jailed.