Indiana Code § 16-34-2-1 permits a woman to abort a baby during the first 10 weeks of her pregnancy if she got pregnant as a result of rape or incest. While Indiana’s new abortion law does not require a conviction or even a reporting of the rape or incest by the pregnant woman, Indiana Code § 16-18-2-306.7 expands the definition of “rape or incest” to include a child conceived as a result of child molesting (IC § 35-42-4-3), child seduction (IC § 35-42-4-7), and sexual misconduct with a minor (IC § 35-42-4-9).

However, other provisions of Indiana Law such as IC §§ 31-32-11-1 and 31-33-5-1 may impose on the doctor the obligation to report to the department of child services or local law enforcement agency suspected child abuse or neglect. Incest, child molestation, child seduction, and sexual misconduct with a minor may fall into the category of reportable offenses. 

Additionally, IC § 16-34-2-1 (a)(2)(D) requires the doctor to certify in writing to the surgical center or hospital all facts and reasons supporting the physician’s certification, which presumably includes facts about the rape or incest. 

Finally, a doctor who performs an abortion without complying with IC § 16-34-2-1 commits a criminal act, which could subject the doctor to criminal and civil penalties and forfeiture of their license to practice medicine. The reporting requirements imposed on the physician under § 16-34-2-5 seem designed to substantiate how abortion fits within the exceptions of the total abortion ban imposed by Indiana law. 

A woman facing an unplanned pregnancy, unwanted pregnancy, or untimely pregnancy has alternatives to parenting the baby, which include giving the baby up for adoption or more correctly, making an adoption plan for the baby. 

If you would like to explore adoption, we, at Kirsh & Kirsh, P.C.  — or the “Kirsh Boys,” as the adoption attorneys at Kirsh & Kirsh are sometimes called – Steve, and his brothers, Joel and Rob, and his son, Grant, pride themselves on answering questions about adoption and explaining the process without pressure or judgment. 

Our contact information is below. We 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. We can help you in finding an AMAZING, WONDERFUL, adoptive home for your precious baby, whether you live in Kokomo or Indianapolis, Martinsville or Bloomington, Evansville or Jasper, South Bend or Hammond, Auburn or Ft. Wayne, or any Indiana county or city in between, or ANYWHERE in Tennessee, Mississippi, Kentucky, or Michigan.

There is always a family waiting to love your child. We have lots of family options from which you can choose, all of whom are 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 fullest extent allowed by law. You make all the choices which family adopts your baby & extent of contacts you want after the child’s birth.

You can call, text and or email us anytime -call: 317-575-5555, text: 317-721-2030contact us, 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 moms’ search results on Google.

The Safe Haven Laws in Indiana, Tennessee, Mississippi, and Kentucky enable a person to leave a newborn at certain safe places without fear of criminal liability for child abandonment or neglect.

Recently, we, at Adoption Attorneys Kirsh & Kirsh, P.C. (“Kirsh & Kirsh”) met a birth mother at a hospital after she delivered her baby. Prior to giving birth, she told her doctor and hospital social worker that she wanted to invoke Safe Haven for the baby. She INCORRECTLY believed that if she gave the baby up for adoption, or more correctly placed the baby for adoption, she would have to pick the family who would adopt. She worried that she might jeopardize the well-being of her baby by picking the wrong family to adopt and felt that if she simply left the baby at the hospital, the authorities would take care of the baby and find a good home for the baby.

In fact, she correctly assumed that Child Protective Services (“CPS”), which is part of the Department of Children Services (“DCS”), would take care of the baby and find a good home. BUT, she would not know anything about the family and would not receive updates on how the baby grew and developed over the years. Additionally, the baby would go into foster care, possibly for several months. She did not want foster care for her baby.

Fortunately, her doctor had a number of patients and friends who adopted through Kirsh & Kirsh, giving the birth mother confidence that we, at Kirsh & Kirsh, were the right adoption professionals to help her. She asked the hospital to contact us. When we first spoke with her, she told us she still did not want to choose adoptive parents for her baby – she did not feel qualified to make that decision. We listened to her preferences for the type of family she wanted and presented her the profile of a family, which included lots of photos and information. She loved them. Although she originally told us she wanted a closed adoption, she decided to meet them when they came to the hospital late that night. The next day the family told us that she and they talked long into the morning. They all felt at peace having had the chance to meet and get to know each other. Meeting the family reaffirmed the good feelings the birth mother had about the family after having read their profile and looking at the pictures, they included with what they wrote. Neither she nor the adoptive parents would have had that chance through Safe Haven. Many of the pregnant women with whom we work want to review the profiles of several families and choose who will adopt. This mom did not. At Kirsh & Kirsh, we try to handle each adoption in the way most comfortable to all involved.

Also, she still has not decided if she would like to receive updates about the child, but the adoptive parents will put together lots of photographs and letters for her over the coming months and continuing for 18 years, should she decide later on that she wants them.

UNQUESTIONABLY, the Safe Haven Laws in Indiana, Tennessee, Mississippi, and Kentucky have saved the lives of many precious babies and given birth mothers an option of leaving their babies in safe places, rather a dumpster, as has happened all too many times. But, making an adoption plan for the baby gives the birth mother more options – she does not have to take advantage of those options, but she has them.

Additionally, as the name suggests, by making an adoption “plan” for a baby, she can feel proud that she fulfilled her role as a mother. Even though she will not do the parenting, she creates a parenting plan for her baby.  She assures her baby of the opportunity for a bright future, in a loving and secure home – a very MOTHERLY thing to do!

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

You can call, text and or email us anytime. To contact us—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.

While it may seem like a difficult or overwhelming task at first, the reality is if you are pregnant and thinking about giving up your baby for adoption (or more correctly – making an adoption plan) finding families wanting to adopt a baby is actually quite easy. Someone always knows someone, who knows someone, who wants a baby. Families hoping to adopt may have already approached you or had someone else approach you for them. It may help that your sister or best friend (or aunt, or co-worker, or friend of a friend, etc.) says that they think a particular family would provide a good home for your baby, but are you willing to, quite literally, entrust your child’s life to a person or persons based upon the recommendation of a well-intentioned, but untrained, friend? Do the prospective adoptive parents have health, marital, financial, or criminal problems? A history of substance or physical abuse? Those are not things that people typically disclose to others, particularly if they believe it would reflect on them poorly, and especially if they are wanting to adopt someone’s baby. (These things are, however, disclosed during the home study process.) Sure, you may want to help them, but ask yourself – what is most important to me? Helping a seemingly nice family or being confident you have found a safe, secure, loving home for your unborn baby? Wouldn’t you like to consider a number of already carefully, pre-screened prospective adoptive parents?

Placing a baby for adoption takes incredible courage, thoughtfulness, and most importantly trust that the adoptive parents will provide your child with the best life possible, with opportunities to enjoy life and reach their full potential. That is why you should consider working with a licensed, adoption agency or experienced adoption attorney, who can match you with those carefully screened and homestudy approved families.

We at Kirsh & Kirsh, P.C. (“Kirsh & Kirsh”), have assisted numerous expectant and birth mothers find just the right family for their babies. We have four licensed attorneys in Indiana, one of whom is also licensed in Kentucky, Tennessee, and Mississippi. If you do not live in one of those states we can find an experienced adoption professional to assist you in your state of residence. We will provide you with profiles of lots of wonderful, carefully screened families, and if you would like, we will arrange for you to talk with them by telephone or meet them in person. Or, if you would rather, we will select a family for you. It is entirely your decision. Working with us gives you options for your baby’s future.

You may contact us at Kirsh & Kirsh without cost or obligation on your part. Birth mothers NEVER pay a fee to Kirsh & Kirsh. See what we have to offer before making the most important decision of your life. You can call, text and or email us anytime. We answer our office phone, 317-575-5555, 24/7/365. We also promptly respond to text messages at 317-721-2030 and email at We try to respond to emails and text messages within minutes of receipt.

I am thinking about giving my baby up for adoption. I see that Kirsh & Kirsh, P.C.  (Kirsh & Kirsh), has over 350, 5-Star Google reviews.  Can Kirsh & Kirsh help me find a family for my baby?

Yes. As attorneys, Kirsh & Kirsh provides adoption services, throughout Tennessee, Mississippi, Indiana, and soon Kentucky, to expectant mothers and birthmothers, which includes matching them with prospective adoptive parents. Not only does Kirsh & Kirsh provide legal services for adoptions, they can also match prospective adoptive parents with expectant mothers and birth mothers. The adoptive parents represented by Kirsh & Kirsh are very carefully screened and investigated by independent agencies. Kirsh & Kirsh will provide profiles, which include lots of photographs and descriptions of the families of waiting parents hoping to adopt, to expectant mothers and birth mothers. After reading about a family and looking at their pictures, moms can decide to talk with, or meet, the prospective adoptive parents in person. At Kirsh & Kirsh, we believe that in order to proceed with an adoption plan for their unborn or newly born babies, birth mothers must not only believe that adoption is in their, and their children’s, best interests, they also must LOVE the prospective adoptive parents. Moms need to know that the prospective adoptive parents will provide a loving, safe home, and the brightest of futures for her precious baby.  Kirsh & Kirsh helps facilitate whatever degree of an open adoption is comfortable for the birth mother and prospective adoptive parents. Kirsh & Kirsh also makes sure that the birth mother can speak with her own attorney, at no expense to her, to be sure that she fully understands her rights in an adoption. For more information about making an adoption plan for at baby (giving a baby up for adoption), feel free to contact Kirsh & Kirsh, any time, day or night, via phone at 317-575-5555, text at 317-721-2030, or  email: