The Indiana Court of Appeals has ruled in favor of a stepfather seeking to adopt his minor stepson, despite opposition from the child's biological father. In a decision filed on October 16, 2026, the court affirmed the trial court's ruling that the biological father's consent was not required for the adoption to proceed. The case, C.J.W. v. T.H., highlights significant issues regarding parental rights and the interpretation of Indiana adoption laws.
The court's ruling affects the lives of the child, the stepfather, and the biological father, C.J.W. This decision emphasizes the legal standards regarding consent in adoption cases, particularly when a biological parent has not maintained a relationship with their child.
Background
The case involves T.H., the stepfather, who filed a petition to adopt his stepson, referred to as Child. The child's mother, M.H., consented to the adoption. However, the biological father, C.J.W., opposed the adoption, arguing that his consent was necessary.
The dispute arose from a tumultuous relationship between C.J.W. and M.H., which included allegations of abuse. M.H. obtained a protective order against C.J.W. in July 2021, which prohibited him from contacting her or the child. Following the issuance of the protective order, C.J.W. had limited communication with his son, culminating in a lack of contact for over three years.
The stepfather's petition for adoption was filed on November 4, 2024, and included claims that C.J.W.'s consent was not necessary because he had failed to communicate significantly with the child. The trial court bifurcated the proceedings to first determine whether C.J.W.'s consent was required before addressing the best interests of the child.
The Ruling
The Indiana Court of Appeals, led by Judge DeBoer, ruled that the trial court did not err in concluding that C.J.W.'s consent was not required for the adoption to proceed. The court found that C.J.W. had failed to communicate significantly with the child for over a year, which allowed the court to dispense with the need for his consent under Indiana law.
The court ruled, "Father has not significantly communicated with Child since Child’s first birthday." This statement underscores the court's finding that C.J.W.'s lack of contact justified the adoption without his consent.
Additionally, the court addressed the stepfather's previous criminal conviction for Level 5 felony criminal recklessness. The court determined that the conviction did not disqualify him from adopting the child because it was more than five years old at the time of the ruling.
Impact
This ruling has significant implications for future adoption cases in Indiana, particularly those involving biological parents who have not maintained a relationship with their children. The court's interpretation of the law allows for adoptions to proceed without the biological parent's consent if they fail to communicate significantly with their child.
The decision also highlights the importance of stability and the best interests of the child in adoption proceedings. The court emphasized that the stepfather had been a consistent father figure in the child's life and that the adoption was in the child's best interest.
What's Next
Although C.J.W. has the option to appeal this decision, the ruling currently stands, allowing T.H. to proceed with the adoption. There are no related cases pending that could impact this ruling.