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 decides not to adopt a child, they can amend their petition or file a new one to substitute another person who wants to adopt. This is allowed under Burns Ind. Code Ann. § 31-19-2-2, which states that if an individual who files a petition for adoption:
- decides not to adopt the child, or
- is unable to adopt the child,
they may amend the petition or file a second petition to substitute another individual as the petitioner. The new petition will relate back to the date of the original petition.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.