The court always conducts background checks on parents who want to adopt a child, ensuring that they will be in good and capable hands. However, there may come times when a parent might have a history of criminal activity. Even if they have changed their ways since then, their past misdemeanors may potentially disqualify them from adopting children.
Does having a criminal record disqualify parents from adopting?
In Indiana, not all crimes disqualify parents from adopting children. While records of more severe crimes such as murder and assault make some parents ineligible by default, the court gives a lot of leeway and consideration to minor, older offenses.
Typically, people with non-violent demeanors might still be eligible to adopt children, assuming they did not commit the crime recently. The court takes the amount of time that has passed since an individual’s last offense into consideration and looks favorably upon those who have sought rehabilitation since then.
Which crimes disqualify parents from adopting?
Certain felonies, namely violent ones, automatically disqualify people from adopting children. The court always prioritizes the best interests of the child, meaning violent criminals might pose a threat to their safety. Crimes that disqualify parents from adopting children include:
- Spousal abuse or domestic violence
- Homicide, rape or sexual assault
- Child abuse or neglect
- Possession or distribution of child pornography
- Assault or battery within the past five years
- Felonies related to drugs and alcohol within the past five years
The court may also disqualify foster parents who have patterns in their criminal history, namely records of repeat offenses, from adopting children. This applies even if their crimes are non-violent.
Navigating adoption laws
Adoption laws are often complex and cases often vary depending on the court’s rulings. Because of this, many people hire legal professionals for guidance. Making sense of adoption laws and understanding one’s rights is often easier with the help of an attorney.