Mother’s consent not needed for adoption of kids by stepmom

The Indiana Court of Appeals has affirmed a woman’s petition to adopt her husband’s children, finding sufficient evidence to prove their biological mother failed without justifiable cause to communicate with the children.

After father N.E. and mother M.M. divorced, the Steuben Circuit Court awarded father sole physical and legal custody and granted parenting time to mother, who had substance abuse problems and mental health issues.

In 2019, two years after father remarried, stepmother A.C. sought to adopt the children, to which mother objected. However, during a hearing held on stepmother’s petitions for adoption, mother did not attend the hearing, though her counsel was present.

Evidence was presented by stepmother that mother had not communicated with the children since Easter 2016 and that stepmother and father had not prohibited her from visiting the children. Thus, the trial court entered orders granting stepmother’s petitions to adopt.

The Indiana Court of Appeals affirmed, rejecting mother’s reliance on In re the Adoption of E.B.F., 93 N.E.3d 759 (Ind. 2018), and concluding it does not control in the case at hand.

“Stepmother presented evidence that Mother last saw Children on Easter 2016, and had not called, visited, or sent birthday or holiday cards or presents since that time. Stepmother testified that she and Father allowed Children to visit with their Maternal Grandmother, but Mother did not visit with Children at those times. Stepmother testified that she and Father were not prohibiting communication between Mother and Children. Based thereon, we conclude Stepmother presented sufficient evidence to prove that Mother failed without justifiable cause to communicate significantly with Children,” Judge Melissa May concluded for the appellate panel.

As such, the panel determined that mother’s consent was not required for stepmother’s adoption of the children in the case of M.M. v. A.C., 20A-AD-1241.