Husbands consent to adoption when giving up baby for adoption


In most states, including Indiana, a husband and wife have the same parental rights to a child born during the marriage or within some time, usually a year of less, of a divorce. However, under Indiana adoption law, the consent to the adoption of husband who is not required if the husband is not the biological father of the child. Therefore, if the prospective adoptive parents can prove that the husband is not the biological father of the child, an adoption could take place without the husband’s consent. This usually requires more than the mother’s statement that her husband or ex-husband is not the father. Evidence that courts have found persuasive include a DNA test showing the husband is not the father, a DNA test showing that another man is the father, an affidavit from prison that the husband was incarcerated, without conjugal visits during the time the mother of the child got pregnant, and a sworn statement from the husband denying paternity of the child. Obviously, if the mother does not want her husband to know of the pregnancy or adoption, only those types of proof that do not involve the husband’s cooperation would work.

Our contact information is below.  We, at Adoption Attorneys Kirsh & Kirsh, P.C., will answer your questions and provide you the information you seek, without cost or obligation on your part. In other words, talking to us is FREE and does NOT mean you ever have to talk or text with us, again. Our adoption attorneys have 90 YEARS OF COMBINED EXPERIENCE practicing adoption law. We can help you finding an AMAZING, WONDERFUL, adoptive home for your precious baby, whether you live in Kokomo or Indianapolis, Columbus or North Vernon, Evansville or Greencastle, or Wabash or Ft. Wayne, or any Indiana county or city in between, or ANYWHERE in Tennessee, Mississippi, or Kentucky.

We have lots of wonderful, carefully screened, loving families, FROM INDIANA AND ALL OVER THE COUNTRY(married, single, Lesbian, and Gay) who cannot wait to welcome a baby into their hearts and homes and are happy to assist with living expenses to the full extent allowed by law.

You can call, text and or email us anytime —call: 317-575-5555, text: 317-721-2030, email:, or Facebook message: We answer our office phone 24 hours a day, every single day. We try to respond to emails and text messages within minutes of receipt.

POSITIVE ADOPTION LANGUAGE DISCLAIMER:  Please understand that these blog posts are written in a way to use language that people use when searching for help with their adoption plans.  Unfortunately, while all of us understand what positive adoption language means, most expectant moms that come to us at first do not understand what that means. The most common search term on the Internet for expectant moms is “how do I give up my baby for adoption”.  If we do not include those words in our blog posts, and instead put “how do I create an adoption plan for my baby” then our website will not show up in most expectant mom’s search results in Google.

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