Intervention in Adoption Proceedings in Indiana

Adoption is widely held to be a celebrated event in people’s lives, as it is viewed as an exciting new chapter for a family. There are instances where adoption proceedings can be complicated and more of a battle amongst the parties involved. When there is a battle over people seeking rights over a child, it can become a high conflict matter that requires the aid of a skilled attorney. Individuals who have a legal claim to rights regarding their parent-child relationship may have the opportunity to intervene in an adoption proceeding. This blog examines the possibilities of intervening in an adoption proceeding in Indiana.

Intervening in an adoption proceeding is the process of inserting yourself as a party to the already existing legal proceeding. In this instance you would not be an originally named party to the adoption matter, and thus intervening would include you as a named party. Furthermore, being a party in an adoption matter means that you will have the opportunity to make arguments, file petitions, present evidence, and appeal decisions. There are scenarios in which intervention is necessary, such as, a father seeking paternity rights over the child; a previous care giver seeking custody or visitation; or a child’s grandparent or other relative seeking visitation rights. 

Indiana Trial Procedure Rule 24 provides the language for Intervention of Right and Permissive Intervention. Furthermore, “(C) Procedure. A person desiring to intervene shall serve a motion to intervene upon the parties as provided in Rule 5. The motion shall state the grounds therefore and set forth or include by reference the claim, defense or matter for which intervention is sought. Intervention after trial or after judgment for purposes of a motion under Rules 50, 59, or 60, or an appeal may be allowed upon motion. The court’s determination upon a motion to intervene shall be interlocutory for all purposes unless made final under Trial Rule 54(B).” Adoption proceedings in Indiana require that notice of adoption is provided to the legal parents of the child, however other interested parties will have to be proactive since they will likely not receive notice. A competent attorney would be able to assist in the intervention and assure that the timing for intervention is appropriate. 

Consequently, timing is key for intervention in an adoption proceeding and ensures that you can maximize your chances of participating in the adoption matter. If you have a legitimate claim to a child-parent relationship that could be destroyed by an adoption, intervening is often the best way to proceed through the legal process and have your interests heard and advocated for in court. The attorneys at Ciyou & Associates, P.C. have an extensive background in adoption matters throughout Indiana. We are here to help you navigate intervening in an adoption proceeding. This blog was written by attorneys at Ciyou & Associates, P.C. and this blog is not intended as specific legal advice or a solicitation of services, as this is an advertisement. 


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