we are a gay couple of 20 years and we have been approached by a young lady that wants us to adopt her unborn child. the biological father is in complete agreement and will sign away parental rights. What steps do we have to follow? can she sign custody over to us at birth? What are the laws we have to follow? should she put one of us as biological father to avoid adoption process? is that legal? We are in Indiana
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My partner and I are also in Indiana. We are currently working with an agency, which may be helpful for you. They provide legal advice, set up home studies, and provide counseling for b-parents and a-parents. There is no law in Indiana prohibiting joint adoption by same-sex couples, and there is legal precedent for it. http://www.lambdalegal.org/our-work/in-court/cases/in-re-infant-girl-w.html Most counties have significant precedent for second-parent adoption as well. This isnt to say you wont have to work a bit harder, but legally, you are a-ok.
Good luck!
it’s NOT legal for her to
it’s NOT legal for her to misrepresent the bio father on the birth certificate. It is all kinds of bad, so put it out of your mind. Get a lawyer and begin the process asap. The lawyer will tell you whether indiana is a state where a licensed agency must be involved or not. It can take some time so get hopping is my advice. You are not going to be able to jointly adopt the child; you will need to find a friendly county and do a second-parent adoption after the first is complete.
You should consult with and
You should consult with and hire a family law attorney in your area that specializes in adoption to process things from here. The first parents also need an attorney to ensure they are informed of their rights. I suggest their attorney be separate.