In most states a parent is considered to have abandoned a child if the parent does not make contact with the child and withholds financial support for a period of one or two years. Abandonment may be a basis to terminate a parent’s parental rights. But most states will not terminate a parent’s legal rights and obligations unless there is another adult—often a family member or stepparent—who wants to formally adopt the child.

Abandonment may result in criminal charges if a parent or guardian leaves a child under a certain age (15, for example) in any place and circumstance under which no reasonable adult would do so. For example, leaving a 8 year old child at the shopping mall may result in criminal charges of abandonment.

In Indiana, child abandonment is addressed under both family and criminal law. Under Indiana Code IC 31-34-1-1, a child is considered to be abandoned by a parent if the parent fails to communicate significantly with the child or fails to provide for the care and support of the child when able to do so. The period of time for considering abandonment in the context of terminating parental rights is generally six months for a child under one year of age and one year for a child one year of age or older. If a parent's actions meet the state's definition of abandonment, it may serve as grounds for involuntary termination of parental rights, particularly if there is another individual, such as a stepparent or relative, willing to adopt the child. Additionally, under Indiana criminal law, a parent or guardian who knowingly or intentionally abandons or neglects a child in a situation that endangers the child's life or health may face criminal charges, which can range from a misdemeanor to a felony depending on the circumstances and degree of risk to the child.