Legal Question in Family Law in Indiana

step-mother wants to adopt minor child

I have been married to my husband for almost 7 years. My step-daughter wants me to adopt her, she is almost 15. My husband has had full custody of her since the age of 4. The biological Mother has been in and out of her life for the past 9 years. Is estranged from her daughter now. She said that she would not give me permission to adopt her. Is my daughter old enough to tell a judge that she wants me to have legal custody, with out the biological Mother's approval?

Thanks for any advice you can give me.


Asked on 10/01/04, 12:37 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: step-mother wants to adopt minor child

Indiana law requires that a child over age 14 consent to an adoption, so your step daughter would have to sign a consent. Whether mother's consent is necessary depends upon how long it has been since she has significantly communicated with the child. In not all cases do you need her consent.

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Answered on 10/01/04, 8:59 pm


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