Full question:
My wife and I filed a petition to adopt a child in Indiana. In the meantime she became pregnant. So we decided not to adopt the child. Can I substitute my brother, who wants to adopt the same child, in my position as the petitioner?
- Category: Adoption
- Date:
- State: Indiana
Answer:
In Indiana, if a petitioner for adoption decided not to adopt the child, the petition can be amended or a second petition can be filed in the same action to substitute another person who intends to adopt the child. The amended petition or second petition relates back to the date of the original petition. It is envisaged in Burns Ind. Code Ann. § 31-19-2-2 which reads as:“***
(c) Subject to IC 31-19-9-3, if an individual who files a petition for adoption of a child:
(1) decides not to adopt the child; or
(2) is unable to adopt the child;
the petition for adoption may be amended or a second petition may be filed in the same action to substitute another individual who intends to adopt the child as the petitioner for adoption. The amended petition or second petition under this subsection relates back to the date of the original petition.”
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