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CHAPTER 1. JURISDICTION OVER ADOPTION PROCEEDINGS
CHAPTER 2. FILING OF PETITION FOR ADOPTION
CHAPTER 2.5. GENERAL NOTICE REQUIREMENTS
CHAPTER 3. NOTICE OF ADOPTION BEFORE BIRTH OF CHILD
CHAPTER 4. NOTICE OF ADOPTION AFTER BIRTH OF CHILD
CHAPTER 4.5. OTHER PERSONS ENTITLED TO NOTICE OF ADOPTION
CHAPTER 5. PUTATIVE FATHER REGISTRY
CHAPTER 6. SEARCH OF PATERNITY RECORDS AND PUTATIVE FATHER REGISTRY
CHAPTER 7. PRIOR APPROVAL OF PLACEMENT OF CHILD IN PROPOSED ADOPTIVE HOME
CHAPTER 8. SUPERVISION OF CHILD BY LICENSED CHILD PLACING AGENCY
CHAPTER 9. CONSENT TO ADOPTION
CHAPTER 10. WITHDRAWAL OF CONSENT TO ADOPTION; CONTEST OF ADOPTION
CHAPTER 11. DISPOSITION OF PETITION FOR ADOPTION; ADOPTION DECREE
CHAPTER 12. RECORD OF ADOPTION
CHAPTER 13. ESTABLISHMENT OF NEW BIRTH CERTIFICATE FOLLOWING ADOPTION
CHAPTER 14. LIMITATIONS ON DIRECT OR COLLATERAL ATTACKS OR APPEALS OF ADOPTION DECREES
CHAPTER 15. EFFECT OF ADOPTION ON PARENTS
CHAPTER 16. POSTADOPTION VISITATION PRIVILEGES
CHAPTER 16.5. POSTADOPTION SIBLING CONTACT
CHAPTER 17. PREPARATION OF ADOPTION HISTORY FOR ADOPTIVE PARENTS
CHAPTER 18. ESTABLISHMENT OF ADOPTION HISTORY PROGRAM ADMINISTERED BY STATE REGISTRAR; ADOPTION HISTORY FUND
CHAPTER 19. CONFIDENTIALITY REQUIREMENTS FOR ADOPTION HISTORY AND OTHER ADOPTION RECORDS
CHAPTER 20. RELEASE OF MEDICAL HISTORY INFORMATION
CHAPTER 21. CONSENT TO RELEASE OF IDENTIFYING INFORMATION
CHAPTER 22. RELEASE OF IDENTIFYING INFORMATION
CHAPTER 23. RELEASE OF NONIDENTIFYING INFORMATION
CHAPTER 24. COURT PROCEEDING TO REQUEST RELEASE OF ADOPTION HISTORY INFORMATION NOT AVAILABLE FROM STATE REGISTRAR
CHAPTER 25. RELEASE OF IDENTIFYING INFORMATION FOR ADOPTIONS FILED AFTER DECEMBER 31, 1993; REQUESTS FOR INFORMATION CONCERNING PRE-ADOPTIVE SIBLINGS
CHAPTER 26. ADOPTION SUBSIDIES
CHAPTER 27. PROGRAM FOR ADOPTION OF HARD TO PLACE CHILDREN
CHAPTER 28. ADOPTION DECREES IN FOREIGN JURISDICTIONS
CHAPTER 29. INTERSTATE COMPACTS ON ADOPTION ASSISTANCE
IC 31-19
ARTICLE 19. FAMILY LAW: ADOPTION
IC 31-19-1
Chapter 1. Jurisdiction Over Adoption Proceedings
IC 31-19-1-1
Adoptions subject to Interstate Compact on the Placement of Children Sec. 1. Except as provided in IC 12-17-8, the adoption of a child who is born in one
(1) state by a person in another state is subject to the Interstate Compact on the Placement of Children under IC 12-17-8.
As added by P.L.1-1997, SEC.11.
IC 31-19-1-2
Exclusive jurisdiction of probate court
Sec. 2. (a) This section applies to each Indiana county that has a separate probate court.
(b) The probate court has exclusive jurisdiction in all adoption matters.
As added by P.L.1-1997, SEC.11.
IC 31-19-2
Chapter 2. Filing of Petition for Adoption
IC 31-19-2-1
Adoption of adult; petition; venue; consent; investigation
Sec. 1. (a) An individual who is at least eighteen (18) years of age may be adopted by a resident of Indiana:
(1) upon proper petition to the court having jurisdiction in probate matters in the county of residence of the individual or the petitioner for adoption;
and
(2) with the consent of the individual acknowledged in open court.
(b) If the court in which a petition for adoption is filed under this section considers it necessary, the court may order:
(1) the type of investigation that is conducted in an adoption of a child who is less than eighteen (18) years of age; or
(2) any other inquiry that the court considers advisable;
before granting the petition for adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-2
Adoption of minor child; petition; venue
Sec. 2. (a) A resident of Indiana who seeks to adopt a child less than eighteen (18) years of age may, by attorney of record, file a petition for adoption
with the clerk of the court having probate jurisdiction in the county in which:
(1) the petitioner for adoption resides;
(2) a licensed child placing agency or governmental agency having custody of the child is located; or
(3) the child resides.
(b) The county in which the petition for adoption may be filed is a matter of venue and not jurisdiction.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-3
Adoption of hard to place child by nonresident; petition; venue
Sec. 3. (a) An individual who is not a resident of Indiana and who seeks to adopt a hard to place child may file a petition for adoption with the clerk
of the court having probate jurisdiction in the county in which the:
(1) licensed child placing agency or governmental agency having custody of the child is located; or
(2) child resides.
(b) The county in which a petition for adoption may be filed is a matter of venue and not jurisdiction.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-4
Consent to adoption by petitioner's spouse
Sec. 4. (a) Except as provided in subsection (b), a petition for
adoption by a married person may not be granted unless the husband and wife join in the action.
(b) If the petitioner for adoption is married to the:
(1) biological; or
(2) adoptive;
father or mother of the child, joiner by the father or mother is not necessary if an acknowledged consent to adoption of the biological or adoptive parent
is filed with the petition for adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-5
Filing of petition; number of copies; verification
Sec. 5. (a) Except as provided in subsection (b), a petition for adoption must be filed in triplicate.
(b) If a petition for adoption:
(1) requests a subsidy; and
(2) is sponsored by a licensed child placing agency;
the petition for adoption must be filed in quadruplicate.
(c) The original copy of a petition for adoption must be verified by the oath or affirmation of each petitioner for adoption.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.13.
IC 31-19-2-6
Contents of petition
Sec. 6. A petition for adoption must specify the following:
(1) The:
(A) name if known;
(B) sex, race, and age if known, or if unknown, the approximate age; and
(C) place of birth;
of the child sought to be adopted.
(2) The new name to be given the child if a change of name is desired.
(3) Whether or not the child possesses real or personal property and, if so, the value and full description of the property.
(4) The:
(A) name, age, and place of residence of a petitioner for adoption; and
(B) if married, place and date of their marriage.
(5) The name and place of residence, if known to the petitioner for adoption, of:
(A) the parent or parents of the child;
(B) if the child is an orphan:
(i) the guardian; or
(ii) the nearest kin of the child if the child does not have a guardian;
(C) the court or agency of which the child is a ward if the child is a ward; or
(D) the agency sponsoring the adoption if there is a sponsor.
(6) The time, if any, during which the child lived in the home of the petitioner for adoption.
(7) Whether the petitioner for adoption has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of children;
and, if so, the date and description of the conviction.
(8) Additional information consistent with the purpose and provisions of this article that is considered relevant to the proceedings, including whether:
(A) a petitioner for adoption is seeking aid; and
(B) the willingness of the petitioner for adoption to proceed with the adoption is conditioned on obtaining aid.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.6.
IC 31-19-2-7
Medical report
Sec. 7. (a) A medical report of the health status and medical history of the child sought to be adopted and the child's birth parents must:
(1) accompany a petition for adoption; or
(2) be filed not later than sixty (60) days after the filing of a petition for adoption.
(b) The medical report must:
(1) include neonatal, psychological, physiological, and medical care history; and
(2) be on forms prescribed by the state registrar.
(c) A copy of the medical report shall be sent to the following persons:
(1) The state registrar.
(2) The prospective adoptive parents.
(d) This section does not authorize the release of medical information that would result in the identification of an individual.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-7.5
Submission of information, forms, or consents for criminal history check
Sec. 7.5. (a) This section does not apply to a petitioner for adoption who provides the licensed child placing agency or county office of family and children
with the results of a criminal history check conducted:
(1) in accordance with IC 31-9-2-22.5; and
(2) not more than one (1) year before the date on which the petition is filed.
(b) Every petitioner for adoption shall submit the necessary information, forms, or consents for:
(1) a licensed child placing agency; or
(2) the county office of family and children;
that conducts the inspection and investigation required for adoption
of a child under IC 31-19-8-5 to conduct a criminal history check (as defined in IC 31-9-2-22.5) of the petitioner as part of its investigation.
(c) The petitioner for adoption shall pay the fees and other costs of the criminal history check required under this section.
As added by P.L.200-1999, SEC.7. Amended by P.L.234-2005, SEC.92.
IC 31-19-2-7.6
Notification of criminal charge while adoption pending
Sec. 7.6. If a petitioner for adoption is charged with:
(1) a felony; or
(2) a misdemeanor relating to the health and safety of children;
during the pendency of the adoption, the petitioner shall notify the court of the criminal charge in writing.
As added by P.L.200-1999, SEC.8.
IC 31-19-2-8
Adoption history fee; putative father registry fee
Sec. 8. Unless the petitioner for adoption seeks under section 1 of this chapter to adopt a person who is at least eighteen (18) years of age, the petitioner
for adoption must attach to the petition for adoption:
(1) an adoption history fee of twenty dollars ($20) payable to the state department of health; and
(2) a putative father registry fee of fifty dollars ($50) payable to the state department of health for:
(A) administering the putative father registry established by IC 31-19-5; and
(B) paying for blood or genetic testing in a paternity action in which an adoption is pending in accordance with IC 31-14-21-9.1.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.9.
IC 31-19-2-9
Deposit of fees in adoption history fund
Sec. 9. Fees collected under section 8 of this chapter shall be deposited in the adoption history fund established by IC 31-19-18-6.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-10
Notice of filing of petition; examination, correction, and amendment of form of petition
Sec. 10. (a) Not more than five (5) days after a petition for adoption has been filed, the clerk of the court shall notify the court of the filing.
(b) Upon receiving notice under subsection (a) that a petition for adoption has been filed, the court shall promptly:
(1) examine the petition for adoption; and
(2) determine whether the petition for adoption is in proper
form.
(c) If the court does not find the petition for adoption to be in proper form, the court shall return the petition for adoption immediately to the petitioner
for adoption or the petitioner's attorney.
(d) If a petition for adoption is returned under subsection (c), the petitioner for adoption shall promptly correct and amend the petition for adoption
to conform to the law.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-11
Clerk's examination of form of petition
Sec. 11. If the judge of the court dies, is disabled, or is absent, the clerk of the court shall examine the petition for adoption and the petition for
adoption shall be acted upon accordingly.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-12
Forwarding of copies of petition to division and county office of family and children and to licensed child placing agency
Sec. 12. As soon as a petition for adoption is found to be in proper form, the clerk of the court shall forward one (1) copy of the petition for adoption
to:
(1) the division of family and children;
(2) a licensed child placing agency as described in IC 31-19-7-1, with preference to be given to the agency, if any, sponsoring the adoption, as shown by
the petition for adoption; and
(3) the county office of family and children whenever a subsidy is requested in a petition for adoption sponsored by a licensed child placing agency.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-13
Temporary custody of adopted children
Sec. 13. (a) Except for a child who is under the care and supervision of the division of family and children, a petitioner for adoption may file a separate,
ex parte, verified petition requesting temporary custody of a child sought to be adopted at the time of or any time after the filing of a petition for adoption.
The petition for temporary custody must be signed by each petitioner for adoption.
(b) A court may grant a petition for temporary custody filed under subsection (a) if the court finds that:
(1) the petition for adoption is in proper form; and
(2) placing the child with the petitioner or petitioners for adoption pending the hearing on the petition for adoption is in the best interests of the child.
(c) If temporary custody is granted under this section, the petitioner or petitioners for adoption are legally and financially responsible for the child
until otherwise ordered by the court.
As added by P.L.61-2003, SEC.2.
IC 31-19-2-14
Consolidated paternity and adoption proceedings
Sec. 14. (a) If a petition for adoption and a petition to establish paternity are pending at the same time for a child sought to be adopted, the court in
which the petition for adoption has been filed has exclusive jurisdiction over the child, and the paternity proceeding must be consolidated with the adoption
proceeding.
(b) If the petition for adoption is dismissed, the court hearing the consolidated adoption and paternity proceeding shall determine who has custody of the
child under IC 31-19-11-5.
(c) Following a dismissal of the adoption petition under subsection (b), the court may:
(1) retain jurisdiction over the paternity proceeding; or
(2) return the paternity proceeding to the court in which it was originally filed.
If the paternity proceeding is returned to the court in which it was originally filed, the court assumes jurisdiction over the child, subject to any provisions
of the consolidated court's order under IC 31-19-11-5.
As added by P.L.61-2003, SEC.3.
IC 31-19-2.5
Chapter 2.5. General Notice Requirements
IC 31-19-2.5-1
Application
Sec. 1. This chapter applies to notice given to a:
(1) putative father under IC 31-19-4; and
(2) person under IC 31-19-4.5.
As added by P.L.61-2003, SEC.4.
IC 31-19-2.5-2
Notice of adoption
Sec. 2. (a) Except as provided in subsection (b), IC 31-19-4 applies to notice given to a putative father and IC 31-19-4.5 applies to notice given to other
persons.
(b) If a petition for adoption alleges the consent of a putative father or a parent to the adoption has not been obtained and is unnecessary under:
(1) IC 31-19-9-8(a)(1);
(2) IC 31-19-9-8(a)(2);
(3) IC 31-19-9-8(a)(4)(B);
(4) IC 31-19-9-8(a)(4)(C);
(5) IC 31-19-9-8(a)(9); or
(6) IC 31-19-9-8(a)(11);
notice must be given under IC 31-19-4.5.
As added by P.L.61-2003, SEC.4.
IC 31-19-2.5-3
Required notice
Sec. 3. (a) Except as provided in section 4 of this chapter, notice must be given to a:
(1) person whose consent to adoption is required under IC 31-19-9-1; and
(2) putative father who is entitled to notice under IC 31-19-4.
(b) If the parent-child relationship has been terminated under IC 31-35 (or IC 31-6-5 before its repeal), notice of the pendency of the adoption proceedings
shall be given to the:
(1) licensed child placing agency; or
(2) county office of family and children;
that is the ward of the child.
As added by P.L.61-2003, SEC.4. Amended by P.L.97-2004, SEC.108.
IC 31-19-2.5-4
Notice not required
Sec. 4. Notice of the pendency of the adoption proceedings does not have to be given to:
(1) a person whose consent to adoption has been filed with the petition for adoption;
(2) a person whose consent to adoption is not required by:
(A) IC 31-19-9-8(a)(4)(A);
(B) IC 31-19-9-8(a)(4)(D);
(C) IC 31-19-9-8(a)(5);
(D) IC 31-19-9-8(a)(6);
(E) IC 31-19-9-8(a)(7);
(F) IC 31-19-9-8(a)(8);
(G) IC 31-19-9-12; or
(H) IC 31-19-9-15; or
(3) the hospital of an infant's birth or a hospital to which an infant is transferred for medical reasons after birth if the infant is being adopted at
or shortly after birth.
As added by P.L.61-2003, SEC.4
IC 31-19-3
Chapter 3. Notice of Adoption Before Birth of Child
IC 31-19-3-1
Prebirth notice to putative father
Sec. 1. Before the birth of a child:
(1) a licensed child placing agency;
(2) an attorney representing prospective adoptive parents of the child; or
(3) an attorney representing the mother of the child;
may serve the putative father of the child or cause the putative father to be served with actual notice that the mother of the child is considering an adoptive
placement for the child.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.10.
IC 31-19-3-2
Notice not compelling adoptive placement
Sec. 2. Providing the putative father with actual notice under section 1 of this chapter does not obligate the mother of the child to proceed with an adoptive
placement of the child.
As added by P.L.1-1997, SEC.11.
IC 31-19-3-3
Affidavit of service of actual notice
Sec. 3. (a) Upon the filing of a petition for adoption:
(1) the licensed child placing agency sponsoring the adoption; or
(2) the attorney representing the prospective adoptive parents;
shall submit to the court an affidavit setting forth the circumstances surrounding the service of actual notice, including the time, if known, date, and
manner in which the actual notice was provided.
(b) If notice is served upon the putative father under section 1(3) of this chapter:
(1) the licensed child placing agency sponsoring the adoption; or
(2) the attorney representing the prospective adoptive parents;
shall submit to the court an affidavit prepared by the attorney representing the mother of the child. An affidavit filed under this subsection must contain
the same information as an affidavit filed under subsection (a).
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.14; P.L.200-1999, SEC.11.
IC 31-19-3-4
Form of notice
Sec. 4. Notice of the potential adoption under this chapter must be provided to the putative father of the child in substantially the following form:
"______________ (putative father's name), who has been named
as the father of the unborn child of __________ (birth mother's name), or who claims to be the father of the unborn child, is notified
that __________ (birth mother's name) has expressed an intention to secure an adoptive placement for the child.
If ___________ (putative father's name) seeks to contest the adoption of the unborn child, the putative father must file a paternity action to establish
his paternity in relation to the unborn child not later than thirty (30) days after the receipt of this notice.
If ___________ (putative father's name) does not file a paternity action not more than thirty (30) days after receiving this notice, or having filed a paternity
action, is unable to establish paternity in relation to the child under IC 31-14 or the laws applicable to a court of another state when the court obtains
jurisdiction over the paternity action, the putative father's consent to the adoption or the voluntary termination of the putative father's parent-child
relationship under IC 31-35-1, or both, shall be irrevocably implied and the putative father loses the right to contest the adoption, the validity of his
implied consent to the adoption, the termination of the parent-child relationship, and the validity of his implied consent to the termination of the parent-child
relationship. In addition, the putative father loses the right to establish paternity of the child under IC 31-14 or in a court of another state when the
court would otherwise be competent to obtain jurisdiction over the paternity action, except as provided in IC 31-19-9-17(b).
Nothing ____________ (mother's name) or anyone else says to __________ (putative father's name) relieves ____________ (putative father's name) of his obligations
under this notice.
Under Indiana law, a putative father is a person who is named as or claims that he may be the father of a child born out of wedlock but who has not yet
been legally proven to be the child's father.
For purposes of this notice, _____________ (putative father's name) is a putative father under the laws in Indiana regarding adoption.".
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.12.
IC 31-19-3-5
Putative father's notice of paternity action
Sec. 5. A putative father who files a paternity action as described by IC 31-19-9-15(2) after receiving notice of a potential adoption from an attorney
or a licensed child placing agency under section 1 of this chapter shall notify the attorney or agency that the paternity action has been filed. The notice
must include the following information:
(1) The name of the court.
(2) The cause number.
(3) The date of filing.
As added by P.L.1-1997, SEC.11.
IC 31-19-3-6
Adoptive parents' intervention in paternity action
Sec. 6. If a putative father fails to provide notice to an attorney or a licensed child placing agency under section 5 of this chapter (or under IC 31-3-1-6.4(i)
before its repeal), upon a motion of the prospective adoptive parents the court having jurisdiction over the paternity action shall allow the prospective
adoptive parents to intervene in the paternity action under Rule 24 of the Indiana Rules of Trial Procedure.
As added by P.L.1-1997, SEC.11.
IC 31-19-3-7
Vacation of paternity determination; intervention by adoptive parents
Sec. 7. If the court has already established the paternity of a father who fails to provide notice under section 5 of this chapter (or under IC 31-3-1-6.4(i)
before its repeal), upon motion of the prospective adoptive parents the court shall:
(1) set aside the paternity determination in order to reinstate the paternity action; and
(2) allow the prospective adoptive parents to intervene as described under section 6 of this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-3-8
Applicability of Rules of Trial Procedure
Sec. 8. The Indiana Rules of Trial Procedure do not apply to the giving of notice under this chapter.
As added by P.L.200-1999, SEC.13.
IC 31-19-4
Chapter 4. Notice of Adoption After Birth of Child
IC 31-19-4-1
Notice to registered putative father
Sec. 1. Except as provided by IC 31-19-2.5-4, if:
(1) on or before the date the mother of a child executes a consent to the child's adoption, the mother has provided an attorney or agency arranging the
adoption with the name and address of the putative father; and
(2) the putative father of the child has:
(A) failed or refused to consent to the adoption of the child; or
(B) not had the parent-child relationship terminated under IC 31-35 (or IC 31-6-5 before its repeal);
the putative father shall be given notice of the adoption proceedings under Rule 4.1 of the Indiana Rules of Trial Procedure.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.14; P.L.61-2003, SEC.5.
IC 31-19-4-2
Notice to putative father registered with putative father registry; name or address not provided by mother
Sec. 2. Except as provided by IC 31-19-2.5-4, if:
(1) on or before the date the mother of a child executes a consent to the child's adoption, the mother has not provided an attorney or agency arranging
the adoption with the name or address, or both, of the putative father of the child; and
(2) the putative father of the child has:
(A) failed or refused to consent to the adoption of the child or has not had the parent-child relationship terminated under IC 31-35 (or IC 31-6-5 before
its repeal); and
(B) registered with the putative father registry under IC 31-19-5 (or IC 31-6-5 before its repeal) within the period under IC 31-19-5-12;
the putative father shall be given notice of the adoption proceedings under Rule 4.1 of the Indiana Rules of Trial Procedure.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.15; P.L.61-2003, SEC.6.
IC 31-19-4-3
Notice to putative father not registered with putative father registry; name or address undisclosed by mother; child conceived outside Indiana
Sec. 3. (a) If:
(1) the mother of a child:
(A) informs an attorney or agency arranging the child's adoption, on or before the date the child's mother executes a consent to the child's adoption, that
the child was conceived outside Indiana; and
(B) does not disclose to the attorney or agency the name or address, or both, of the putative father of the child; and
(2) the putative father of the child has:
(A) failed or refused to consent to the adoption of the child or has not had the parent-child relationship terminated under IC 31-35 (or IC 31-6-5 before
its repeal); and
(B) not registered with the putative father registry under IC 31-19-5 within the period under IC 31-19-5-12;
the attorney or agency shall serve notice of the adoption proceedings on the putative father by publication under Rule 4.13 of the Indiana Rules of Trial
Procedure.
(b) The only circumstance under which notice to the putative father must be given by publication under Rule 4.13 of the Indiana Rules of Trial Procedure
is when the child was conceived outside of Indiana as described in subsection (a).
As added by P.L.1-1997, SEC.11.
IC 31-19-4-4
Notice to unnamed father; form
Sec. 4. Notice of the adoption proceeding required under section 3 of this chapter shall be given to an unnamed putative father in substantially the following
form:
"NOTICE TO UNNAMED FATHER
The unnamed putative father of the child born to ______ (mother's name) on _____ (date), or the person who claims to be the father of
the child born to _____ (mother's name) on _____ (date), is notified that a petition for adoption of the child was filed in the office of the clerk of _____
court, _____ (address of court).
If the unnamed putative father seeks to contest the adoption of the child, the unnamed putative father must file a motion to contest the adoption in accordance
with IC 31-19-10-1 in the above named court or a paternity action under IC 31-14 within thirty (30) days after the date of service of this notice. This
notice may be served by publication.
If the unnamed putative father:
(1) does not file:
(A) a motion to contest the adoption; or
(B) a paternity action under IC 31-14;
within thirty (30) days after service of this notice; or
(2) after filing a paternity action under IC 31-14 fails to establish paternity;
the above named court shall hear and determine the petition for adoption. The unnamed putative father's consent is irrevocably implied and the unnamed putative
father loses the right to contest the adoption or the validity of the unnamed putative father's implied consent to the adoption. The unnamed putative father
loses the right to establish paternity of the child under IC 31-14.
Nothing __________ (mother's name) or any one else says to the unnamed putative father of the child relieves the unnamed putative father of his obligations
under this notice.
Under Indiana law, a putative father is a person who is named as or claims that he may be the father of a child born out of wedlock but who has not yet
been legally proven to be the child's father.
This notice complies with IC 31-19-4-4 but does not exhaustively set forth the unnamed putative father's legal obligations under the Indiana adoption statutes.
A person being served with this notice should consult the Indiana adoption statutes.".
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.16; P.L.61-2003, SEC.7.
IC 31-19-4-5
Notice to named father; form
Sec. 5. Notice of the adoption proceeding shall be given to:
(1) the putative father who is entitled to notice under section 1 or 2 of this chapter; or
(2) a named putative father under section 3 of this chapter;
in substantially the following form:
"NOTICE TO NAMED FATHER
______________ (putative father's name), who has been named the father of the child born to _____________ (mother's name) on ________
(date), or who claims to be the father of the child born to _______________ (mother's name) on __________ (date), is notified that a petition for adoption
of the child was filed in the office of the clerk of ____________ court, ______________ (address of the court).
If ______________ (putative father's name) seeks to contest the adoption of the child, he must file a motion to contest the adoption in accordance with
IC 31-19-10-1 in the above named court, or a paternity action under IC 31-14 not later than thirty (30) days after the date of service of this notice.
If ______________ (putative father's name):
(1) does not file:
(A) a motion to contest the adoption; or
(B) a paternity action under IC 31-14;
within thirty (30) days after service of this notice; or
(2) after filing a paternity action under IC 31-14 fails to establish paternity;
the above named court will hear and determine the petition for adoption. His consent will be irrevocably implied and he will lose his right to contest either
the adoption or the validity of his implied consent to the adoption. He will lose his right to establish his paternity of the child under IC 31-14.
Nothing ____________ (mother's name) or anyone else says to _____________ (putative father's name) relieves _______________ (putative father's name) of
his obligations under this notice.
Under Indiana law, a putative father is a person who is named as or claims that he may be the father of a child born out of wedlock but who has not yet
been legally proven to be the child's father. For purposes of this notice, _____________ (putative father's name) is a putative father under the laws in
Indiana regarding adoption.
This notice complies with IC 31-19-4-5 but does not exhaustively set forth a putative father's legal obligations under the Indiana adoption statutes. A
person being served with this notice should consult the Indiana adoption statutes.".
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.17; P.L.61-2003, SEC.8.
IC 31-19-4-6
Putative father not entitled to notice of adoption
Sec. 6. Except as provided in section 3 of this chapter, if:
(1) on or before the date the mother of a child executes a consent to the child's adoption, the mother does not disclose to the attorney or agency arranging
the adoption the identity or address, or both, of the putative father; and
(2) the putative father has not registered with the putative father registry under IC 31-19-5 within the period under IC 31-19-5-12;
the putative father is not entitled to notice of the adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-4-7
Actual notice not required
Sec. 7. If a putative father is entitled to notice under section 1, 2, or 3 of this chapter, upon:
(1) providing service of process in compliance with Rule 4.1 of the Indiana Rules of Trial Procedure for notice under section 1 or 2 of this chapter; or
(2) publication in compliance with Rule 4.13 of the Indiana Rules of Trial Procedure for notice under section 3 of this chapter;
no further efforts to give notice to the putative father are necessary, regardless of whether the putative father actually receives the notice.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.15.
IC 31-19-4-8
Waiver of notice
Sec. 8. (a) The notice required by this chapter may be waived in writing before or after the birth of a child.
(b) A waiver of notice under subsection (a) must:
(1) be in writing and signed in the presence of a notary public; and
(2) acknowledge that:
(A) the waiver is irrevocable; and
(B) the person signing the waiver will not receive notice of the adoption proceedings.
A person who waives notice of an adoption may not subsequently challenge or contest an adoption of the child.
As added by P.L.1-1997, SEC.11. Amended by P.L.61-2003, SEC.9; P.L.130-2005, SEC.1.
IC 31-19-4-9
Exceptions to notice required by chapter
Sec. 9. The notice required by this chapter is not necessary:
(1) if actual notice has been given to a putative father under IC 31-19-3; or
(2) if:
(A) a person has attempted to give notice to a putative father at a particular address under IC 31-19-3; and
(B) the putative father could not be located at that address;
unless the putative father registers that address with the putative father registry under IC 31-19-5.
As added by P.L.1-1997, SEC.11. Amended by P.L.130-2005, SEC.2.
IC 31-19-4-10 Repealed
(Repealed by P.L.61-2003, SEC.22.)
IC 31-19-4-11
Repealed
(Repealed by P.L.61-2003, SEC.22.)
IC 31-19-4-12
Repealed
(Repealed by P.L.61-2003, SEC.22.)
IC 31-19-4-13
Applicability of Rules of Trial Procedure
Sec. 13. Only the rules of the Indiana Rules of Trial Procedure specified in this chapter apply to the giving of notice under this chapter.
As added by P.L.200-1999, SEC.18.
IC 31-19-4.5
Chapter 4.5. Other Persons Entitled to Notice of Adoption
IC 31-19-4.5-1
Application
Sec. 1. This chapter:
(1) shall not be construed to affect notice of an adoption provided to a putative father under IC 31-19-4; and
(2) applies to a putative father who has abandoned, failed to support, or failed to communicate with a child.
As added by P.L.61-2003, SEC.10.
IC 31-19-4.5-2
Notice when consent not required
Sec. 2. Except as provided in IC 31-19-2.5-4, if a petition for adoption alleges that consent to adoption is not required under IC 31-19-9-8, notice of
the adoption must be given to the person from whom consent is allegedly not required under IC 31-19-9-8. Notice shall be given under:
(1) Rule 4.1 of the Indiana Rules of Trial Procedure if the person's name and address are known; and
(2) Rule 4.13 of the Indiana Rules of Trial Procedure if the name or address of the person is not known;
to a petitioner for adoption.
As added by P.L.61-2003, SEC.10.
IC 31-19-4.5-3
Form of adoption notice
Sec. 3. Notice of the adoption proceeding shall be given to a person entitled to notice under section 2 of this chapter in substantially the following form:
"NOTICE OF ADOPTION
________ (person's name) is notified that a petition for adoption of a child, named __________ (child's name, if named), born to __________
(mother's name) on __________ (date) was filed in the office of the clerk of __________ court, __________ (address of the court). The petition for adoption
alleges that the consent to adoption of __________ (person's name) is not required because _________________________ (provide a brief description of the
reason(s) the consent is not required).
If __________ (person's name) seeks to contest the adoption of the child, __________ (person's name) must file a motion to contest the adoption in accordance
with IC 31-19-10-1 in the above named court not later than thirty (30) days after the date of service of this notice.
If __________ (person's name) does not file a motion to contest the adoption within thirty (30) days after service of this notice the above named court
will hear and determine the petition for adoption. The consent to adoption of __________ (person's name) will be irrevocably implied and __________ (person's
name) will lose the
right to contest either the adoption or the validity of __________'s (person's name) implied consent to the adoption.
No oral statement made to __________ (person's name) relieves __________ (person's name) of __________'s (person's name) obligations under this notice.
This notice complies with IC 31-19-4.5-3 but does not exhaustively set forth a person's legal obligations under the Indiana adoption statutes. A person
being served with this notice should consult the Indiana adoption statutes.".
As added by P.L.61-2003, SEC.10.
IC 31-19-4.5-4
Waiver of notice
Sec. 4. (a) The notice required by this chapter may be waived in writing before or after the birth of a child.
(b) A waiver of notice under subsection (a) must:
(1) be in writing and signed in the presence of a notary public; and
(2) acknowledge that:
(A) the waiver is irrevocable; and
(B) the person signing the waiver will not receive notice of the adoption proceedings.
A person who waives notice of an adoption may not challenge or contest an adoption of the child.
As added by P.L.61-2003, SEC.10. Amended by P.L.130-2005, SEC.3.
IC 31-19-4.5-5
Content of notice
Sec. 5. The description in the notice under section 3 of this chapter of the reasons consent to adoption is not required need only include enough information
to put a reasonable person on notice that a petition for adoption that alleges the person's consent to adoption is unnecessary is pending. The description
does not require an exhaustive description of the reasons the person's consent to adoption is not required.
As added by P.L.61-2003, SEC.10.
IC 31-19-5
Chapter 5. Putative Father Registry
IC 31-19-5-1
Application of chapter
Sec. 1. This chapter applies to a putative father whenever:
(1) an adoption under IC 31-19-2 is filed regarding a child who may have been conceived by the putative father; and
(2) on or before the date the child's mother executes a consent to the child's adoption, the child's mother has not disclosed the name or address, or both,
of the putative father to an attorney or agency that is arranging the child's adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-2
Establishment of registry; rules
Sec. 2. The putative father registry is established within the state department of health. The state department shall adopt rules under IC 4-22-2 to administer
the registry.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-3
Purpose of registry
Sec. 3. The registry's purpose is to determine the name and address of a father:
(1) whose name and address have not been disclosed by the mother of the child, on or before the date the mother executes a consent to the child's adoption,
to:
(A) an attorney; or
(B) an agency;
that is arranging the adoption of the child; and
(2) who may have conceived a child for whom a petition for adoption has been or may be filed to provide notice of the adoption to the putative father.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-4
Notice rights of registered persons
Sec. 4. A putative father of a child who registers in accordance with this chapter (or IC 31-3-1.5 before its repeal) is entitled to notice of the child's
adoption under Rule 4.1 of the Indiana Rules of Trial Procedure.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-5
Necessity of registration as requisite to notice rights
Sec. 5. If, on or before the date the mother of a child executes a consent to the child's adoption, the mother does not disclose to an attorney or agency
that:
(1) is arranging; or
(2) may arrange;
an adoption of the child the name or address, or both, of the putative father of the child, the putative father must register under this chapter to entitle
the putative father to notice of the child's adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-6
Rights of presumptive fathers
Sec. 6. This chapter does not relieve a man who is presumed to be a father under 31-14-7-2 from the obligation of registering in accordance with this chapter
to be entitled to notice of an adoption of a child for whom the man may be the presumed father.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-7
Information maintained in registry; father's agent for notice
Sec. 7. (a) The state department of health shall maintain the following information in the registry:
(1) The putative father's:
(A) name;
(B) address at which the putative father may be served with notice of an adoption under Rule 4.1 of the Indiana Rules of Trial Procedure;
(C) Social Security number; and
(D) date of birth.
(2) The mother's:
(A) name, including all other names known to the putative father that the mother uses, if known;
(B) address, if known;
(C) Social Security number, if known; and
(D) date of birth, if known.
(3) The child's:
(A) name, if known; and
(B) place of birth, if known.
(4) The date that the state department of health receives a putative father's registration.
(5) The:
(A) name of an attorney or agency that requests the state department to search the registry under section 15 of this chapter to determine whether a putative
father is registered in relation to a mother whose child is or may be the subject of an adoption; and
(B) date that the attorney or agency submits a request as provided under this subdivision.
(6) Any other information that the state department determines is necessary to access the information in the registry.
(b) If a putative father does not have an address where the putative father is able to be served with notice of an adoption, the putative father may designate
another person as an agent for the purpose of being served with notice of adoption. The putative father must
provide the department with the agent's name and the address at which the agent may be served. Service of notice upon the agent under
Rule 4.1 of the Indiana Rules of Trial Procedure constitutes service of notice upon the putative father. If notice of an adoption may not be served on the
agent under Rule 4.1 of the Indiana Rules of Trial Procedure as provided by this subsection, further notice of the adoption to the agent or to the putative
father is not necessary.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.16.
IC 31-19-5-8
Registry data access points
Sec. 8. The state department of health shall store the registry's data to make the data accessible under the following:
(1) The putative father's name.
(2) The mother's name.
(3) The child's name, if known.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-9
Information supplied
Sec. 9. A putative father who registers under this chapter shall provide to the state department of health the following:
(1) The putative father's:
(A) name;
(B) address at which the putative father may be served with notice of an adoption under Rule 4.1 of the Indiana Rules of Trial Procedure;
(C) Social Security number; and
(D) date of birth.
(2) The mother's name, including all other names known to the putative father that the mother uses.
(3) Any other information described under section 7 of this chapter that is known to the putative father.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-10
Registration form
Sec. 10. A putative father shall register under this chapter on a registration form prescribed by the state department of health. The registration form
must be signed by the putative father and notarized.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-11
Verification; amendment of information
Sec. 11. A putative father who registers under this chapter is responsible for:
(1) verifying with the state department of health the accuracy of the registration; and
(2) submitting to the state department of health an amended
registration each time the information supplied by the putative father changes;
during the period specified by section 12 of this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-12
Time of registration
Sec. 12. (a) To be entitled to notice of an adoption under IC 31-19-3 or IC 31-19-4, a putative father must register with the state department of health
under section 5 of this chapter not later than:
(1) thirty (30) days after the child's birth; or
(2) the date of the filing of a petition for the child's adoption;
whichever occurs later.
(b) A putative father may register under subsection (a) before the child's birth.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-13
Availability of registration forms
Sec. 13. The state department of health shall:
(1) prescribe a registration form for the information that a putative father submits under section 9 of this chapter; and
(2) make the registration forms available through:
(A) the state department;
(B) each clerk of a circuit court; and
(C) each local health department.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-14
Public notice of purpose and operation of registry
Sec. 14. (a) Each:
(1) clerk of a circuit court;
(2) branch office of the bureau of motor vehicles;
(3) hospital; and
(4) local health department;
shall post in a conspicuous place a notice that informs the public about the purpose and operation of the registry.
(b) The notice under subsection (a) must include information regarding the following:
(1) Where to obtain a registration form.
(2) Where to register.
(3) The circumstances under which a putative father is required to register.
(4) When under section 12 of this chapter a putative father is required to register to entitle the putative father to notice of an adoption.
(5) The consequences of not submitting a timely registration.
(c) Failure to post a proper notice under this section does not relieve a putative father of the obligation to register with the state
department of health in accordance with this chapter to entitle the putative father to notice of the adoption of a child who may have
been conceived by the putative father.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-15
Requests for search of registry by persons arranging adoption
Sec. 15. (a) An attorney or agency that arranges an adoption or may arrange an adoption may at any time request that the state department of health search
the registry to determine whether a putative father is registered in relation to a mother whose child is or may be the subject of an adoption.
(b) Whenever a petition for adoption is filed, the attorney or agency that arranges the adoption shall:
(1) request that the state department of health search the registry under this section at least one (1) day after the expiration of the period specified
by section 12 of this chapter; and
(2) file an affidavit prepared by the state department of health under section 16 of this chapter in response to a request under subdivision (1) with the
court presiding over the adoption under this article.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-16
Affidavit of registry search
Sec. 16. (a) Not later than ten (10) days after receiving a request under section 15 of this chapter, the state department of health shall submit an affidavit
to the attorney or agency verifying whether a putative father is registered within the period specified by section 12 of this chapter in relation to a mother
whose child is the subject of the adoption that the attorney or agency is arranging.
(b) Whenever the state department of health finds that one (1) or more putative fathers are registered, the state department shall:
(1) submit a copy of each registration form with the state department's affidavit; and
(2) include in the affidavit the date that the attorney or agency submits the request for a search that relates to the affidavit.
(c) A court may not grant an adoption unless the state department's affidavit under this section is filed with the court as provided under IC 31-19-11-1(a)(4).
As added by P.L.1-1997, SEC.11.
IC 31-19-5-17
Departmental responsibilities upon request for registry search
Sec. 17. Whenever the state department of health receives a request under section 15 of this chapter, the state department shall:
(1) search the state department's records of paternity determinations filed under IC 31-14-9-2; and
(2) notify the attorney or agency, in compliance with IC 31-19-6, as to whether a record of a paternity determination
has been filed concerning a child who is or may be the subject of an adoption that the attorney or agency is arranging.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-18
Waiver of notice rights of unregistered putative fathers; irrevocably implied consent to adoption
Sec. 18. A putative father who fails to register within the period specified by section 12 of this chapter waives notice of an adoption proceeding. The
putative father's waiver under this section constitutes an irrevocably implied consent to the child's adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-19
Revocation of registration
Sec. 19. A putative father may revoke a registration at any time by submitting a signed, notarized statement revoking the registration.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-20
Methods of submitting registration
Sec. 20. A putative father must submit a registration under this chapter:
(1) in person; or
(2) by:
(A) facsimile transmission;
(B) mail;
(C) private courier; or
(D) express delivery service.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-21
Request for certified copy of registration form or for information; procedure; persons qualified to apply
Sec. 21. (a) Subject to subsection (b), upon written request by:
(1) a putative father;
(2) a mother;
(3) a child;
(4) any party or attorney of record in a pending adoption;
(5) an attorney who represents prospective adoptive parents or petitioners in an adoption;
(6) a licensed child placing agency that represents prospective adoptive parents or petitioners in an adoption; or
(7) a court that presides over a pending adoption;
the state department of health shall furnish a certified copy of a putative father's registration form.
(b) The state department may release the certified copy of the registration form to a person under subsection (a)(1) through (a)(3) only if the information
contained in the registration form names the requesting person.
(c) A person listed under subsection (a), who requests information about a registration from the state department, must do the following:
(1) Submit the request in writing.
(2) Under the penalties of perjury, state that the requesting person is entitled to receive the information under this chapter.
(3) Submit the request in a manner described by section 20(1) or 20(2) of this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-22
Timeliness of responses to requests; fees
Sec. 22. (a) Except as provided in section 16 of this chapter, the state department of health shall immediately respond to requests regarding registrations
under this chapter:
(1) in writing; and
(2) in a manner described by section 20 of this chapter.
(b) The state department may charge a fee for responding to a request under this section, unless the state department mails the department's response.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-23
Confidentiality of registry information
Sec. 23. Except as otherwise provided in this chapter, information contained within the registry is confidential.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-24
Registering false information
Sec. 24. A person who knowingly or intentionally registers false information under this chapter commits a Class A misdemeanor.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-25
Release or request for confidential information
Sec. 25. (a) A person who knowingly or intentionally releases or requests confidential information in violation of this chapter commits a Class A misdemeanor.
(b) It is a defense under this section if the state registrar releases confidential information while acting:
(1) in good faith; and
(2) with reasonable diligence.
As added by P.L.1-1997, SEC.11.
IC 31-19-6
Chapter 6. Search of Paternity Records and Putative Father Registry
IC 31-19-6-1
Request for search of records pending adoption proceedings
Sec. 1. An attorney or agency that arranges an adoption or may arrange an adoption may at any time request that the state department of health search the
state department's records of paternity determinations to determine whether a man's paternity of a child has been established in relation to a child who
is or may be the subject of an adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-6-2
Response to search request
Sec. 2. Not later than ten (10) days after receiving a request under section 1 of this chapter, the state department of health shall:
(1) submit an affidavit to the attorney or agency verifying whether a record of a paternity determination has been filed under IC 31-14-9-2 concerning the
child; and
(2) search the putative father registry established by IC 31-19-5 and notify the attorney or agency, in compliance with IC 31-19-5-16 as to whether a putative
father has registered concerning the child.
As added by P.L.1-1997, SEC.11.
IC 31-19-6-3
Release of copy of paternity determination
Sec. 3. If a record of a paternity determination has been filed concerning a child who is the subject of a request under section 1 of this chapter, the
state department of health shall release a copy of the record of the paternity determination to the requesting attorney or agency.
As added by P.L.1-1997, SEC.11.
IC 31-19-7
Chapter 7. Prior Approval of Placement of Child in Proposed Adoptive Home
IC 31-19-7-1
Prior written approval of placements; criminal history checks
Sec. 1. (a) Except:
(1) for:
(A) a child sought to be adopted by a stepparent;
(B) a child sought to be adopted by a grandparent, an aunt, or an uncle; or
(C) a child received by the petitioner for adoption from an agency outside Indiana with the written consent of the division of family resources; or
(2) if the court in its discretion, after a hearing held upon proper notice, has waived the requirement for prior written approval;
a child may not be placed in a proposed adoptive home without the prior written approval of a licensed child placing agency or county office of family and
children approved for that purpose by the division of family resources.
(b) Except as provided in subsection (d), before giving prior written approval for placement in a proposed adoptive home of a child who is under the care
and supervision of:
(1) the juvenile court; or
(2) the department of child services;
a licensed child placing agency or the department of child services shall conduct a criminal history check (as defined in IC 31-9-2-22.5) concerning the
proposed adoptive parent and any other person who is currently residing in the proposed adoptive home.
(c) The prospective adoptive parent shall pay the fees and other costs of the criminal history check required under this section.
(d) A licensed child placing agency or the department of child services is not required to conduct a criminal history check (as defined in IC 31-9-2-22.5)
if a prospective adoptive parent provides the licensed child placing agency or county office of family and children with the results of a criminal history
check conducted:
(1) in accordance with IC 31-9-2-22.5; and
(2) not more than one (1) year before the date on which the licensed child placing agency or county office of family and children provides written approval
for the placement.
As added by P.L.1-1997, SEC.11. Amended by P.L.234-2005, SEC.93.
IC 31-19-7-2
Consent of county office of family and children
Sec. 2. Whenever the written approval for placement of a child in a proposed adoptive home is obtained from a licensed child placing agency, the consent
of the county office of family and children is not required unless the child is a ward of the county office of family and children.
As added by P.L.1-1997, SEC.11.
IC 31-19-7-3
Approval filed with adoption petition
Sec. 3. Approval under this chapter for placement in a proposed adoptive home must be filed with the petition for adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-8
Chapter 8. Supervision of Child by Licensed Child Placing Agency
IC 31-19-8-1
Period of supervision as prerequisite to adoption
Sec. 1. An adoption may be granted in Indiana only after:
(1) the court has heard the evidence; and
(2) a period of supervision, as described in section 2 of this chapter, by a licensed child placing agency or county office of family and children approved
for that purpose by the division of family and children.
As added by P.L.1-1997, SEC.11.
IC 31-19-8-2
Supervision periods
Sec. 2. (a) The period of supervision required by section 1 of this chapter may be before or after the filing of a petition for adoption, or both.
(b) The length of the period of supervision is within the sole discretion of the court hearing the petition for adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-8-3
List of licensed child placing agencies and county offices of family and children
Sec. 3. (a) The division of family and children shall annually compile a list of:
(1) licensed child placing agencies; and
(2) county offices of family and children;
that conduct the inspection and supervision required for adoption of a child by IC 31-19-7-1 and section 1 of this chapter.
(b) The list of licensed child placing agencies and county offices of family and children must include a description of the following:
(1) Fees charged by each agency and county office of family and children.
(2) Geographic area served by each agency and county office of family and children.
(3) Approximate waiting period for the inspection or supervision by each agency and county office of family and children.
(4) Other relevant information regarding the inspection and supervision provided by an agency or a county office of family and children under IC 31-19-7-1
and section 1 of this chapter.
(c) The division of family and children shall do the following:
(1) Maintain in its office sufficient copies of the list compiled under this section for distribution to individuals who request a copy.
(2) Provide the following persons with sufficient copies of the list prepared under this section for distribution to individuals
who request a copy:
(A) Each clerk of a court having probate jurisdiction in a county.
(B) Each county office of family and children.
(3) Provide a copy of the list to each public library organized under IC 36-12.
(d) The division of family and children and each:
(1) county office of family and children;
(2) clerk of a court having probate jurisdiction in a county; and
(3) public library organized under IC 36-12;
shall make the list compiled under this section available for public inspection.
As added by P.L.1-1997, SEC.11. Amended by P.L.1-2005, SEC.201.
IC 31-19-8-4
List of approved supervising agencies
Sec. 4. To facilitate adoption proceedings, the division of family and children shall furnish to clerks of Indiana courts having probate jurisdiction a
list of approved supervising agencies.
As added by P.L.1-1997, SEC.11.
IC 31-19-8-5
Agency report and recommendation; filing requirements
Sec. 5. (a) Not more than sixty (60) days from the date of reference of a petition for adoption to each appropriate agency, each agency shall submit to
the court a written report of and the agency's investigation recommendation as to the advisability of the adoption.
(b) The agency's report and recommendation:
(1) shall be filed with the adoption proceedings; and
(2) become a part of the proceedings.
As added by P.L.1-1997, SEC.11.
IC 31-19-8-6
Contents of agency's report
Sec. 6. (a) The agency's report must, to the extent possible, include the following:
(1) The former environment and antecedents of the child.
(2) The fitness of the child for adoption.
(3) Whether the child is classified as hard to place:
(A) because of the child's ethnic background, race, color, language, physical, mental, or medical disability, or age; or
(B) because the child is a member of a sibling group that should be placed in the same home.
(4) The suitability of the proposed home for the child.
(b) The report may not contain any of the following:
(1) Information concerning the financial condition of the parents.
(2) A recommendation that a request for a subsidy be denied in whole or in part due to the financial condition of the parents.
(c) The criminal history information required under
IC 31-19-2-7.5 must accompany the report.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.19.
IC 31-19-8-7
Summary consideration of agency's report; continuance
Sec. 7. The court shall summarily consider the agency's report. If the court finds that further investigation or further supervision is necessary, the court
shall continue the case to a later date that the court considers advisable for final determination. At that time the court shall determine the case.
As added by P.L.1-1997, SEC.11.
IC 31-19-8-8
Agency report and recommendation; nonbinding on court
Sec. 8. The report and recommendation of the agency are not binding on the court but are advisory only.
As added by P.L.1-1997, SEC.11.
IC 31-19-8-9
Prompt hearing and determination of adoption
Sec. 9. As soon as possible after the provisions of IC 31-19-7-1 and this chapter have been satisfied, the court shall proceed to hear and determine the
petition for adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-9
Chapter 9. Consent to Adoption
IC 31-19-9-1
Consents required
Sec. 1. (a) Except as otherwise provided in this chapter, a petition to adopt a child who is less than eighteen (18) years of age may be granted only if
written consent to adoption has been executed by the following:
(1) Each living parent of a child born in wedlock.
(2) The mother of a child born out of wedlock and the father of a child whose paternity has been established by:
(A) a court proceeding other than the adoption proceeding, except as provided in IC 31-14-20-2; or
(B) a paternity affidavit executed under IC 16-37-2-2.1;
unless the putative father gives implied consent to the adoption under section 15 of this chapter.
(3) Each person, agency, or county office of family and children having lawful custody of the child whose adoption is being sought.
(4) The court having jurisdiction of the custody of the child if the legal guardian or custodian of the person of the child is not empowered to consent
to the adoption.
(5) The child to be adopted if the child is more than fourteen (14) years of age.
(6) The spouse of the child to be adopted if the child is married.
(b) A parent who is less than eighteen (18) years of age may consent to an adoption without the concurrence of:
(1) the individual's parent or parents; or
(2) the guardian of the individual's person;
unless the court, in the court's discretion, determines that it is in the best interest of the child to be adopted to require the concurrence.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.17.
IC 31-19-9-2
Execution of waiver; timing
Sec. 2. (a) The consent to adoption may be executed at any time after the birth of the child either in the presence of:
(1) the court;
(2) a notary public or other person authorized to take acknowledgments; or
(3) an authorized agent of:
(A) the division of family and children;
(B) a county office of family and children; or
(C) a licensed child placing agency.
(b) The child's mother may not execute a consent to adoption before the birth of the child.
(c) The child's father may execute a consent to adoption before the birth of the child if the consent to adoption:
(1) is in writing;
(2) is signed by the child's father in the presence of a notary public; and
(3) contains an acknowledgment that:
(A) the consent to adoption is irrevocable; and
(B) the child's father will not receive notice of the adoption proceedings.
(d) A child's father who consents to the adoption of the child under subsection (c) may not challenge or contest the child's adoption.
As added by P.L.1-1997, SEC.11. Amended by P.L.130-2005, SEC.4.
IC 31-19-9-3
Validity of consent not identifying petitioner for adoption
Sec. 3. A consent to adoption that does not name or otherwise identify a petitioner for adoption is valid if the consent to adoption contains a statement,
by the person consenting to adoption, that the person consenting to adoption voluntarily executed the consent to adoption without disclosure of the name
or other identification of the petitioner for adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-4
Forms
Sec. 4. The division of family and children may furnish to the clerks of courts prescribed forms for use by parents or other persons when giving consent
to adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-5
Filing of copies
Sec. 5. Copies of a signed consent to adoption shall be filed with the investigating agency and the clerk of the court in which the petition for adoption
is pending.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-6
Information and forms provided to birth parents
Sec. 6. The individual who or agency that arranges for the signing of a consent to adoption shall provide each birth parent whose consent to adoption is
obtained under this chapter with the following:
(1) An explanation concerning the:
(A) availability of adoption history information under IC 31-19-17 through IC 31-19-25; and
(B) birth parent's option to file a nonrelease form with the state registrar if the birth parent seeks to restrict the release of identifying information.
(2) A nonrelease form prescribed by the state registrar under IC 31-19-25-4.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-7
Nonrelease forms
Sec. 7. Upon request, the state registrar shall provide an individual or agency with a nonrelease form required by section 6(2) of this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-8
Consent to adoption not required; written denial of paternity precludes challenge to adoption
Sec. 8. (a) Consent to adoption, which may be required under section 1 of this chapter, is not required from any of the following:
(1) A parent or parents if the child is adjudged to have been abandoned or deserted for at least six (6) months immediately preceding the date of the filing
of the petition for adoption.
(2) A parent of a child in the custody of another person if for a period of at least one (1) year the parent:
(A) fails without justifiable cause to communicate significantly with the child when able to do so; or
(B) knowingly fails to provide for the care and support of the child when able to do so as required by law or judicial decree.
(3) The biological father of a child born out of wedlock whose paternity has not been established:
(A) by a court proceeding other than the adoption proceeding; or
(B) by executing a paternity affidavit under IC 16-37-2-2.1.
(4) The biological father of a child born out of wedlock who was conceived as a result of:
(A) a rape for which the father was convicted under IC 35-42-4-1;
(B) child molesting (IC 35-42-4-3);
(C) sexual misconduct with a minor (IC 35-42-4-9); or
(D) incest (IC 35-46-1-3).
(5) The putative father of a child born out of wedlock if the putative father's consent to adoption is irrevocably implied under section 15 of this chapter.
(6) The biological father of a child born out of wedlock if the:
(A) father's paternity is established after the filing of a petition for adoption in a court proceeding or by executing a paternity affidavit under IC 16-37-2-2.1;
and
(B) father is required to but does not register with the putative father registry established by IC 31-19-5 within the period required by IC 31-19-5-12.
(7) A parent who has relinquished the parent's right to consent to adoption as provided in this chapter.
(8) A parent after the parent-child relationship has been terminated under IC 31-35 (or IC 31-6-5 before its repeal).
(9) A parent judicially declared incompetent or mentally defective if the court dispenses with the parent's consent to
adoption.
(10) A legal guardian or lawful custodian of the person to be adopted who has failed to consent to the adoption for reasons found by the court not to be
in the best interests of the child.
(11) A parent if:
(A) a petitioner for adoption proves by clear and convincing evidence that the parent is unfit to be a parent; and
(B) the best interests of the child sought to be adopted would be served if the court dispensed with the parent's consent.
(12) A child's biological father who denies paternity of the child before or after the birth of the child if the denial of paternity:
(A) is in writing;
(B) is signed by the child's father in the presence of a notary public; and
(C) contains an acknowledgment that:
(i) the denial of paternity is irrevocable; and
(ii) the child's father will not receive notice of adoption proceedings.
A child's father who denies paternity of the child under this subdivision may not challenge or contest the child's adoption.
(b) If a parent has made only token efforts to support or to communicate with the child the court may declare the child abandoned by the parent.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.18; P.L.61-2003, SEC.11; P.L.130-2005, SEC.5.
IC 31-19-9-9
Parent's crime against child's other parent; effect on consent requirement
Sec. 9. A court shall determine that consent to adoption is not required from a parent if the:
(1) parent is convicted of and incarcerated at the time of the filing of a petition for adoption for:
(A) murder (IC 35-42-1-1);
(B) causing suicide (IC 35-42-1-2);
(C) voluntary manslaughter (IC 35-42-1-3);
(D) an attempt under IC 35-41-5-1 to commit a crime described in clauses (A) through (C); or
(E) a crime in another state that is substantially similar to a crime described in clauses (A) through (D);
(2) victim of the crime is the child's other parent; and
(3) court determines, after notice to the convicted parent and a hearing, that dispensing with the parent's consent to adoption is in the child's best interests.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-10
Parent's crime against child or child's sibling; effect on consent requirement
Sec. 10. A court shall determine that consent to adoption is not
required from a parent if:
(1) the parent is convicted of and incarcerated at the time of the filing of a petition for adoption for:
(A) murder (IC 35-42-1-1);
(B) causing suicide (IC 35-42-1-2);
(C) voluntary manslaughter (IC 35-42-1-3);
(D) rape (IC 35-42-4-1);
(E) criminal deviate conduct (IC 35-42-4-2);
(F) child molesting as a Class A or Class B felony (IC 35-42-4-3);
(G) incest as a Class B felony (IC 35-46-1-3);
(H) neglect of a dependent as a Class B felony (IC 35-46-1-4);
(I) battery of a child as a Class C felony (IC 35-42-2-1(a)(3));
(J) battery as a Class A felony (IC 35-42-2-1(a)(5)) or Class B felony (IC 35-42-2-1(a)(4)); or
(K) an attempt under IC 35-41-5-1 to commit an offense described in clauses (A) through (J);
(2) the child or the child's sibling, half-blood sibling, or step-sibling of the parent's current marriage is the victim of the offense; and
(3) after notice to the parent and a hearing, the court determines that dispensing with the parent's consent to adoption is in the child's best interests.
As added by P.L.1-1997, SEC.11. Amended by P.L.222-2001, SEC.1.
IC 31-19-9-11
Reserved
Reserved
IC 31-19-9-12
When consent of putative father irrevocably implied
Sec. 12. A putative father's consent to adoption is irrevocably implied without further court action if the putative father:
(1) fails to file:
(A) a motion to contest the adoption in accordance with IC 31-19-10; and
(B) a paternity action under IC 31-14;
within thirty (30) days after service of notice under IC 31-19-4;
(2) having filed a motion to contest the adoption in accordance with IC 31-19-10, fails to appear at the hearing set to contest the adoption;
(3) having filed a paternity action under IC 31-14, fails to establish paternity in the action; or
(4) is required to but fails to register with the putative father registry established by IC 31-19-5 within the period under IC 31-19-5-12.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.19; P.L.200-1999, SEC.20.
IC 31-19-9-13
Challenge of adoption or validity of implied consent by putative father; when precluded
Sec. 13. A putative father whose consent to adoption is implied under this chapter or IC 31-19-5-18 is not entitled to challenge:
(1) the adoption; or
(2) the validity of the putative father's implied consent to the adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-14
Establishment of paternity by putative father; when precluded
Sec. 14. A putative father whose consent to adoption of a child is implied under this chapter or IC 31-19-5-18 is not entitled to establish paternity under
IC 31-14.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-15
When consent of putative father irrevocably implied; additional circumstances
Sec. 15. (a) The putative father's consent to adoption of the child is irrevocably implied without further court action if the father:
(1) fails to file a paternity action:
(A) under IC 31-14; or
(B) in a court located in another state that is competent to obtain jurisdiction over the paternity action;
not more than thirty (30) days after receiving actual notice under IC 31-19-3 of the mother's intent to proceed with an adoptive placement of the child,
regardless of whether the child is born before or after the expiration of the thirty (30) day period; or
(2) files a paternity action:
(A) under IC 31-14; or
(B) in a court located in another state that is competent to obtain jurisdiction over the paternity action;
during the thirty (30) day period prescribed by subdivision (1) and fails to establish paternity in the paternity proceeding under IC 31-14 or the laws
applicable to a court of another state when the court obtains jurisdiction over the paternity action.
(b) This section does not prohibit a putative father who meets the requirements of section 17(b) of this chapter from establishing paternity of the child.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.21.
IC 31-19-9-16
Challenge of adoption or validity of irrevocably implied consent by putative father; when precluded
Sec. 16. A putative father whose consent to adoption is irrevocably implied under section 15 of this chapter is not entitled to
contest:
(1) the adoption; or
(2) the validity of the putative father's implied consent to the adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-17
Establishment of paternity by putative father; restrictions
Sec. 17. (a) A putative father whose consent to an adoption is implied under section 15 of this chapter is not entitled to establish paternity of the child:
(1) in a court proceeding under IC 31-14; or
(2) by executing a paternity affidavit under IC 16-37-2-2.1.
(b) Notwithstanding subsection (a), a putative father who is barred from establishing paternity of the child under subsection (a) may establish paternity
of the child in a court proceeding under IC 31-14 if:
(1) the putative father submits, together with the petition to establish paternity, an affidavit prepared by the:
(A) licensed child placing agency; or
(B) attorney;
that served notice or caused notice to be served upon the putative father under IC 31-19-3-1 stating that neither a petition for adoption nor a placement
of the child in a proposed adoptive home is pending; and
(2) the court finds on the record, based on all the information available to the court, including an affidavit described under subdivision (1), that neither
a:
(A) petition for adoption; nor
(B) placement of the child in a prospective adoptive home;
is pending.
The requirements of this subsection are jurisdictional and must be strictly adhered to by the putative father and the court.
(c) An individual who is otherwise barred from establishing paternity under this article may establish paternity in relation to a child if an adoption for
the child is not pending or contemplated. A petition for adoption that is not filed or a petition for adoption that is dismissed is not a basis for enabling
an individual to establish paternity under this section unless the requirements of subsection (b) are satisfied.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.22; P.L.61-2003, SEC.12.
IC 31-19-9-18
When implied consent to adoption irrevocable
Sec. 18. (a) The consent of a person who is served with notice under IC 31-19-4.5 to adoption is irrevocably implied without further court action if the
person:
(1) fails to file a motion to contest the adoption as required under IC 31-19-10 not later than thirty (30) days after service of
notice under IC 31-19-4.5; or
(2) files a motion to contest the adoption as required under IC 31-19-10 but fails to:
(A) appear at the hearing to contest the adoption; and
(B) prosecute the motion to contest without unreasonable delay.
(b) A court shall dismiss a motion to contest an adoption filed under subsection (a)(2) with prejudice and the person's consent to the adoption shall be
irrevocably implied if the court finds that the person who filed the motion to contest is failing to prosecute the motion without unreasonable delay.
As added by P.L.61-2003, SEC.13.
IC 31-19-9-19
Implied consent to adoption bar to adoption challenge
Sec. 19. A person whose consent to adoption is irrevocably implied under section 18 of this chapter may not contest the adoption or the validity of the
person's implied consent to the adoption.
As added by P.L.61-2003, SEC.14.
IC 31-19-10
Chapter 10. Withdrawal of Consent to Adoption; Contest of Adoption
IC 31-19-10-0.5
Standard of proof
Sec. 0.5. The party bearing the burden of proof in a proceeding under this chapter must prove the party's case by clear and convincing evidence.
As added by P.L.130-2005, SEC.6.
IC 31-19-10-1
Persons permitted to contest adoption; time for filing motion to contest
Sec. 1. (a) Except as provided in subsection (c), only a person entitled to notice of adoption under IC 31-19-4 or IC 31-19-4.5 may contest an adoption.
(b) A person contesting an adoption must file a motion to contest the adoption with the court not later than thirty (30) days after service of notice of
the pending adoption.
(c) A person seeking to withdraw consent to an adoption must file a motion to withdraw consent to the adoption with the court.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.20; P.L.61-2003, SEC.15.
IC 31-19-10-1.2
Contested adoption; burden of proof
Sec. 1.2. (a) If a petition for adoption alleges that a parent's consent to adoption is unnecessary under:
(1) IC 31-19-9-8(a)(1); or
(2) IC 31-19-9-8(a)(2);
and the parent files a motion to contest the adoption under section 1 of this chapter, a petitioner for adoption has the burden of proving that the parent's
consent to the adoption is unnecessary under IC 31-19-9-8.
(b) If a petition for adoption alleges that a parent's consent to adoption is unnecessary under:
(1) IC 31-19-9-8(a)(4)(B); or
(2) IC 31-19-9-8(a)(4)(C);
and the parent files a motion to contest the adoption under section 1 of this chapter, the parent has the burden of proving that the child was not conceived
under circumstances that would cause the parent's consent to be unnecessary under IC 31-19-9-8(a)(4). The absence of a criminal prosecution and conviction
is insufficient to satisfy the burden of proof.
(c) If a petition for adoption alleges that a parent's consent to adoption is unnecessary under IC 31-19-9-8(a)(9) and the parent files a motion to contest
the adoption under section 1 of this chapter, a petitioner for adoption has the burden of proving that the parent's consent to the adoption is unnecessary
under IC 31-19-9-8(a)(9).
(d) If a petition for adoption alleges that a legal guardian or lawful custodian's consent to adoption is unnecessary under IC 31-19-9-8(a)(10) and the
legal guardian or lawful custodian files a motion to contest the adoption under section 1 of this chapter, the legal guardian or lawful custodian has the
burden of proving that the withholding of the consent to adoption is in the best interests of the person sought to be adopted.
(e) If a petition for adoption alleges that a parent's consent to adoption is unnecessary under IC 31-19-9-8(a)(11) and the parent files a motion to contest
the adoption under section 1 of this chapter, a petitioner for adoption has the burden of proving that the requirements of IC 31-19-9-8(a)(11) are satisfied
and that the best interests of the child are served if the court dispenses with the parent's consent to adoption.
(f) If a petition for adoption alleges that a parent's consent to adoption is unnecessary under:
(1) IC 31-19-9-9; or
(2) IC 31-19-9-10;
and the parent files a motion to contest the adoption under section 1 of this chapter, a petitioner has the burden of proving that the requirements of IC
31-19-9-9 or IC 31-19-9-10, respectively, are satisfied and that the best interests of the child are served if the court dispenses with the parent's consent
to adoption.
(g) If a court finds that the person who filed the motion to contest the adoption is failing to prosecute the motion without undue delay, the court shall
dismiss the motion to contest with prejudice, and the person's consent to the adoption shall be irrevocably implied.
As added by P.L.61-2003, SEC.16.
IC 31-19-10-1.4
Basis for resolving contested adoption
Sec. 1.4. A court, in making a determination under section 1.2(e) of this chapter, shall consider all relevant evidence, but may not base its determination
solely on a finding that a:
(1) petitioner for adoption would be a better parent for a child than the parent who filed the motion to contest the adoption; or
(2) parent has a biological link to the child sought to be adopted.
As added by P.L.61-2003, SEC.17.
IC 31-19-10-2
Notice of intent to withdraw consent or to contest adoption
Sec. 2. A person seeking to withdraw consent to an adoption under section 3 of this chapter or contesting an adoption must give notice of intent to withdraw
consent to or contest the adoption to the following persons:
(1) All parties to the adoption.
(2) A person whose consent to adoption is required by IC 31-19-9.
As added by P.L.1-1997, SEC.11.
IC 31-19-10-3
Withdrawal of consent to adoption
Sec. 3. (a) A consent to adoption may be withdrawn not later than thirty (30) days after consent to adoption is signed if:
(1) the court finds, after notice and opportunity to be heard afforded to the petitioner for adoption, that the person seeking the withdrawal is acting
in the best interest of the person sought to be adopted; and
(2) the court orders the withdrawal.
(b) A consent to adoption may not be withdrawn after:
(1) thirty (30) days after the consent to adoption is signed;
(2) the person who signs the consent to adoption appears before a court in which the petition for adoption has been or will be filed; or
(3) the person who signs the consent to adoption appears before a court of competent jurisdiction if the parent is outside of Indiana and acknowledges that
the person:
(A) understood the consequences of the signing of the consent to adoption;
(B) freely and voluntarily signed the consent to adoption; and
(C) believes that adoption is in the best interests of the person to be adopted;
whichever occurs first.
As added by P.L.1-1997, SEC.11. Amended by P.L.61-2003, SEC.18.
IC 31-19-10-4
Consent not withdrawable after entry of adoption decree
Sec. 4. A consent to adoption may not be withdrawn after the entry of the adoption decree.
As added by P.L.1-1997, SEC.11.
IC 31-19-10-4.5
Contest of adoption by putative father
Sec. 4.5. The putative father of a child who is served with notice under IC 31-19-4 and wishes to contest the adoption must do so in accordance with this
chapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.21; P.L.61-2003, SEC.19.
IC 31-19-10-5
Hearing to contest adoption
Sec. 5. Whenever a motion to contest an adoption is filed, the court shall, before entering a decree under IC 31-19-11, set the matter for a hearing to
contest the adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-10-6
Determination of contest of adoption
Sec. 6. After hearing evidence at the hearing, the court shall:
(1) dismiss the petition for adoption if the court:
(A) finds that the person who filed the motion to contest the adoption has established that it is in the best interests of the child that the motion to
contest the adoption be granted;
(B) finds that a required consent to adoption has not been obtained in writing or has not been implied under IC 31-19-9; or
(C) permits a necessary consent to adoption to be withdrawn; or
(2) deny the motion to contest the adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-10-7
Service of notice of adoption contest; protection of privacy of adoption petitioner
Sec. 7. (a) The court may:
(1) send all notices of the filing of a motion to contest an adoption;
(2) conduct bifurcated hearings under this chapter; and
(3) issue an order protecting the anonymity of a petitioner for adoption.
(b) An order issued under subsection (a)(3) may include an order directed to an attorney who represents a party:
(1) contesting an adoption; or
(2) seeking to withdraw a consent to adoption.
An order under subdivision (1) or (2) may order the attorney not to disclose information that identifies or may tend to identify a petitioner for adoption.
As added by P.L.1-1997, SEC.11. Amended by P.L.61-2003, SEC.20.
IC 31-19-10-8
Denial of putative father's adoption contest as bar to establishing paternity
Sec. 8. A putative father is barred from establishing paternity under IC 31-14 if his motion to contest the adoption has been denied under this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-11
Chapter 11. Disposition of Petition for Adoption; Adoption Decree
IC 31-19-11-1
Decree; affidavit; felony convictions
Sec. 1. (a) Whenever the court has heard the evidence and finds that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient ability to rear the child and furnish suitable support and education;
(3) the report of the investigation and recommendation under IC 31-19-8-5 has been filed;
(4) the attorney or agency arranging an adoption has filed with the court an affidavit prepared by the state department of health under IC 31-19-5-16 indicating
whether a man is entitled to notice of the adoption because the man has registered with the putative father registry in accordance with IC 31-19-5;
(5) proper notice arising under subdivision (4), if notice is necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit prepared by the state department of health under:
(A) IC 31-19-6 indicating whether a record of a paternity determination; or
(B) IC 16-37-2-2(g) indicating whether a paternity affidavit executed under IC 16-37-2-2.1;
has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has been given;
(8) the petitioner for adoption is not prohibited from adopting the child as the result of an inappropriate criminal history described in subsection (c)
or (d); and
(9) the person, licensed child placing agency, or county office of family and children that has placed the child for adoption has provided the documents
and other information required under IC 31-19-17 to the prospective adoptive parents;
the court shall grant the petition for adoption and enter an adoption decree.
(b) A court may not grant an adoption unless the department's affidavit under IC 31-19-5-16 is filed with the court as provided under subsection (a)(4).
(c) A conviction of a felony or a misdemeanor related to the health and safety of a child by a petitioner for adoption is a permissible basis for the court
to deny the petition for adoption. In addition, the court may not grant an adoption if a petitioner for adoption has been convicted of any of the felonies
described as follows:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery as a felony (IC 35-42-2-1).
(7) Aggravated battery (IC 35-42-2-1.5).
(8) Kidnapping (IC 35-42-3-2).
(9) Criminal confinement (IC 35-42-3-3).
(10) A felony sex offense under IC 35-42-4.
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1).
(13) Incest (IC 35-46-1-3).
(14) Neglect of a dependent (IC 35-46-1-4(a)(1) and IC 35-46-1-4(a)(2)).
(15) Child selling (IC 35-46-1-4(d)).
(16) A felony involving a weapon under IC 35-47 or IC 35-47.5.
(17) A felony relating to controlled substances under IC 35-48-4.
(18) An offense relating to material or a performance that is harmful to minors or obscene under IC 35-49-3.
(19) A felony that is substantially equivalent to a felony listed in subdivisions (1) through (18) for which the conviction was entered in another state.
However, the court is not prohibited from granting an adoption based upon a felony conviction under subdivision (6), (11), (12), (16), or (17), or its equivalent
under subdivision (19), if the offense was not committed within the immediately preceding five (5) year period.
(d) A court may not grant an adoption if the petitioner is an offender (as defined in IC 5-2-12-4).
As added by P.L.1-1997, SEC.11. Amended by P.L.257-1997(ss), SEC.38; P.L.200-1999, SEC.23; P.L.1-2002, SEC.126; P.L.123-2002, SEC.29; P.L.129-2005, SEC.3.
IC 31-19-11-2
Custody provision in decree
Sec. 2. If the child is a ward of:
(1) a guardian;
(2) an agency; or
(3) an office of family and children;
the court shall provide for the custody of the child in the adoption decree.
As added by P.L.1-1997, SEC.11.
IC 31-19-11-3
Request for aid
Sec. 3. Upon receipt of a recommendation from the county office of family and children, if the petition for adoption contained a request for aid, regardless
of whether the aid is given, the court shall state in the adoption decree the:
(1) nature;
(2) conditions; and
(3) length of time during which aid shall be paid under IC 31-19-26.
As added by P.L.1-1997, SEC.11.
IC 31-19-11-4
Names
Sec. 4. If a new name is requested in a petition for adoption, upon the entry of an adoption decree the child shall take the name requested.
As added by P.L.1-1997, SEC.11.
IC 31-19-11-5
Dismissal of petition; gradual change of custody
Sec. 5. (a) If the court dismisses a petition for adoption, the court shall determine the person who should have custody of the child.
(b) If the court determines that it is necessary to change the child's custody to another person, regardless of the person's right to immediate custody,
the court may order a plan for a gradual change of custody to ease the child's transition unless the gradual change of custody would:
(1) endanger the child's physical health; or
(2) significantly impair the child's emotional development.
(c) The court may do the following:
(1) Implement a change of custody under this section by gradually increasing the child's visitation with each person who is entitled to custody.
(2) Order counseling for the child and the persons involved in the change of custody so that a plan for the gradual change of custody may be developed and
implemented.
(3) Consult with the counselor who assists the persons in developing the plan to determine an order for the gradual change of custody that meets the child's
best interests.
As added by P.L.1-1997, SEC.11.
IC 31-19-11-6
Pendency of appeal
Sec. 6. The court may hear and grant a petition for adoption even if an appeal of a decision regarding the termination of the parent-child relationship
is pending.
As added by P.L.1-1997, SEC.11.
IC 31-19-12
Chapter 12. Record of Adoption
IC 31-19-12-1
Records
Sec. 1. For each adoption and for each annulment or revocation of adoption decreed by an Indiana court, the clerk of the court shall prepare a record on
a form prescribed and furnished by the state department of health. The record must include the following:
(1) All facts necessary to:
(A) locate and identify the certificate of birth of the individual adopted; and
(B) establish a new certificate of birth for the individual adopted.
(2) Official notice from the court of the fact of adoption, including identification of the court action and proceedings.
As added by P.L.1-1997, SEC.11.
IC 31-19-12-2
Information for new birth records
Sec. 2. (a) The official decree of each:
(1) adoption; or
(2) annulment or revocation of adoption;
that is provided to the clerk of the circuit court for the official order book record must set forth all pertinent information that is necessary to make
possible the establishment of the birth records prescribed by section 1 of this chapter.
(b) The completion of the record is a prerequisite to the issuance of a certificate of final adoption by the court.
As added by P.L.1-1997, SEC.11.
IC 31-19-12-3
Forwarding of records and reports to state department of health
Sec. 3. Not later than the tenth day of each calendar month, the clerk of the court shall forward to the state department of health records of decrees of:
(1) adoption; or
(2) annulment, revocation, or amendment of adoption;
entered in the preceding month, together with related reports required by the state department of health.
As added by P.L.1-1997, SEC.11.
IC 31-19-12-4
Adoption records for individuals born outside Indiana
Sec. 4. (a) When the state department of health receives from a court a record of:
(1) adoption; or
(2) annulment, revocation, or amendment of adoption;
for an individual born outside of Indiana, the state department of health shall forward the record to the appropriate registration
authority.
(b) If the registration authority fails to supply a certificate of birth in the adoptive status after the expiration of ninety (90) days after the receipt
of the record of adoption, the state department of health shall create a delayed registration record of birth in the adoptive status when requested.
As added by P.L.1-1997, SEC.11.
IC 31-19-12-5
Transfer of adoption records to state registrar
Sec. 5. (a) As used in this section, "record" includes the following:
(1) A court document.
(2) A medical record.
(3) A social or medical history.
(4) A photograph.
(5) Correspondence being held for the benefit of:
(A) a birth parent;
(B) a person who was adopted;
(C) an adoptive parent; or
(D) a sibling of the person who was adopted.
(b) A child placing agency, governmental entity, or licensed attorney who arranges or facilitates an adoption may, after entry of the adoption decree, transfer
an adoption record to the state registrar for inclusion in the adoption history program administered by the state registrar, or, after giving notice to
the state registrar, to a transferee agency that assumes responsibility for the preservation of records maintained as part of the adoption history program.
(c) An attorney who complies with this section does not violate attorney-client privilege.
(d) A record maintained or transferred under this section is confidential.
As added by P.L.130-2005, SEC.7.
IC 31-19-13
Chapter 13. Establishment of New Birth Certificate Following Adoption
IC 31-19-13-1
New certificate of birth
Sec. 1. (a) Except as provided in subsection (b), the state department of health shall establish a new certificate of birth for an individual born in Indiana
upon a receipt of an official report that the individual has been adopted.
(b) The state department of health shall not establish a new certificate of birth following an adoption if:
(1) the court decreeing the adoption;
(2) the adoptive parents; or
(3) the adopted individual;
so requests.
(c) A new certificate of birth established under this section must show the actual place and date of birth.
As added by P.L.1-1997, SEC.11.
IC 31-19-13-2
Replacement of original registration of birth; filing; confidentiality
Sec. 2. When a new certificate of birth is established following adoption, the new certificate of birth replaces the original registration of birth. The
original registration of birth shall be filed with the evidence of adoption and withheld from inspection except:
(1) for a child adopted by a stepparent; or
(2) as provided in IC 31-19-17 through IC 31-19-24.
As added by P.L.1-1997, SEC.11.
IC 31-19-13-3
Annulment or revocation of adoption; restoration of original certificate of birth
Sec. 3. Upon receipt of a notice of annulment or revocation of adoption, the original certificate of birth shall be restored.
As added by P.L.1-1997, SEC.11.
IC 31-19-13-4
Seal or surrender of replaced certificate of birth
Sec. 4. When the state department of health establishes a new certificate of birth following an adoption, each local health department in Indiana having
custody of the replaced certificate of birth shall:
(1) seal the replaced certificate from inspection; or
(2) surrender the replaced certificate to the state department of health;
as the state department of health directs.
As added by P.L.1-1997, SEC.11.
IC 31-19-14
Chapter 14. Limitations on Direct or Collateral Attacks or Appeals of Adoption Decrees
IC 31-19-14-1
Expedited appeal proceedings
Sec. 1. An appeal of an adoption decree shall be decided on an expedited basis.
As added by P.L.1-1997, SEC.11.
IC 31-19-14-2
Time for challenge to adoption decree
Sec. 2. Except as provided in section 3 of this chapter, if a person whose parental rights are terminated by the entry of an adoption decree challenges
the adoption decree not more than the later of:
(1) six (6) months after the entry of an adoption decree; or
(2) one (1) year after the adoptive parents obtain custody of the child;
the court shall sustain the adoption decree unless the person challenging the adoption decree establishes, by clear and convincing evidence, that modifying
or setting aside the adoption decree is in the child's best interests.
As added by P.L.1-1997, SEC.11.
IC 31-19-14-3
Time for withdrawal of consent to adoption, contest or challenge to adoption, or establishment of paternity
Sec. 3. (a) A person who consents to an adoption may not withdraw the consent to adoption after the entry of the adoption decree under IC 31-19-10-4.
(b) A person who is served with notice of an adoption under IC 31-19-4 may not:
(1) contest the adoption; or
(2) establish paternity;
more than thirty (30) days after the date of service of notice of the adoption.
(c) A person who receives actual notice of an adoption under IC 31-19-3 may not:
(1) contest the adoption; or
(2) establish paternity;
more than thirty (30) days after the date of receiving actual notice of the adoption.
(d) A person who is prohibited from taking action by subsection (a), (b), or (c) may not challenge an adoption decree.
As added by P.L.1-1997, SEC.11.
IC 31-19-14-4
Expiration of time to challenge; appeal for lack of notice or defective proceedings barred
Sec. 4. After the expiration of the period described in section 2 of
this chapter, a person whose parental rights are terminated by the entry of an adoption decree may not challenge the adoption decree
even if:
(1) notice of the adoption was not given to the child's putative father; or
(2) the adoption proceedings were in any other manner defective.
As added by P.L.1-1997, SEC.11.
IC 31-19-15
Chapter 15. Effect of Adoption on Parents
IC 31-19-15-1
Effect upon duties, obligations, and rights of biological parents
Sec. 1. (a) Except as provided in section 2 of this chapter or IC 31-19-16, if the biological parents of an adopted person are alive, the biological parents
are:
(1) relieved of all legal duties and obligations to the adopted child; and
(2) divested of all rights with respect to the child;
after the adoption.
(b) The obligation to support the adopted person continues until the entry of the adoption decree. The entry of the adoption decree does not extinguish
the obligation to pay past due child support owed for the adopted person before the entry of the adoption decree.
As added by P.L.1-1997, SEC.11. Amended by P.L.130-2005, SEC.8.
IC 31-19-15-2
Stepparent adoptions
Sec. 2. (a) If the adoptive parent of a child is married to a biological parent of the child, the parent-child relationship of the biological parent is
not affected by the adoption.
(b) If the adoptive parent of a child is married to a previous adoptive parent, the parent-child relationship of the previous adoptive parent is not affected
by the adoption.
(c) After the adoption, the adoptive father or mother, or both:
(1) occupy the same position toward the child that the adoptive father or the adoptive mother, or both, would occupy if the adoptive father or adoptive
mother, or both, were the biological father or mother; and
(2) are jointly and severally liable for the maintenance and education of the person.
As added by P.L.1-1997, SEC.11. Amended by P.L.130-2005, SEC.9.
IC 31-19-16
Chapter 16. Postadoption Visitation Privileges
IC 31-19-16-1
Postadoption contact privileges granted to birth parent
Sec. 1. At the time an adoption decree is entered, the court entering the adoption decree may grant postadoption contact privileges under section 2 of this
chapter to a birth parent who has:
(1) consented to the adoption; or
(2) voluntarily terminated the parent-child relationship.
As added by P.L.1-1997, SEC.11. As amended by P.L.196-1997, SEC.4.
IC 31-19-16-2
Procedure
Sec. 2. A court may grant postadoption contact privileges if:
(1) the court determines that the best interests of the child would be served by granting postadoption contact privileges;
(2) the child is at least two (2) years of age and the court finds that there is a significant emotional attachment between the child and the birth parent;
(3) each adoptive parent consents to the granting of postadoption contact privileges;
(4) the adoptive parents and the birth parents:
(A) execute a postadoption contact agreement; and
(B) file the agreement with the court;
(5) the licensed child placing agency sponsoring the adoption and the child's court appointed special advocate or guardian ad litem appointed under IC 31-32-3
recommends to the court the postadoption contact agreement, or if there is no licensed child placing agency sponsoring the adoption, the county office of
family and children or other agency that prepared an adoption report under IC 31-19-8-5 is informed of the contents of the postadoption contact agreement
and comments on the agreement in the agency's report to the court;
(6) consent to postadoption contact is obtained from the child if the child is at least twelve (12) years of age; and
(7) the postadoption contact agreement is approved by the court.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997, SEC.5.
IC 31-19-16-3
Postadoption contact agreement
Sec. 3. A postadoption contact agreement filed under section 2(4) of this chapter must contain the following provisions:
(1) An acknowledgment by the birth parents that the adoption is irrevocable, even if the adoptive parents do not abide by the postadoption contact agreement.
(2) An acknowledgment by the adoptive parents that the agreement grants the birth parents the right to seek to enforce the postadoption privileges set forth
in the agreement.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997, SEC.6.
IC 31-19-16-4
Modification or enforcement of agreement
Sec. 4. A birth parent or an adoptive parent may file a petition with the court entering the adoption decree for the following purposes:
(1) To modify the postadoption contact agreement.
(2) To compel a birth parent or an adoptive parent to comply with the postadoption contact agreement.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997, SEC.7.
IC 31-19-16-5
Monetary damages
Sec. 5. The court may not award monetary damages as a result of the filing of a petition under section 4 of this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-16-6
Voiding or modifying agreement
Sec. 6. (a) The court may void or modify a postadoption contact agreement approved under this chapter at any time before or after the adoption if the court
determines after a hearing that the best interest of the child requires the voiding or modifying of the agreement.
(b) Before the court:
(1) voids or modifies an agreement; or
(2) hears a motion to compel compliance with an agreement approved under this chapter;
the court may appoint a guardian ad litem or court appointed special advocate under IC 31-32-3 to represent and protect the best interests of the child.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997, SEC.8.
IC 31-19-16-7
Guardian ad litem or court appointed special advocate
Sec. 7. The provisions of IC 31-32-3 concerning the:
(1) representation;
(2) duties;
(3) liabilities; and
(4) appointment;
of a guardian ad litem or court appointed special advocate apply to proceedings under this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-16-8
Revocation of adoption decree barred as sanction for noncompliance with agreement
Sec. 8. A court may not revoke an adoption decree because a birth parent or an adoptive parent fails to comply with a postadoption contact agreement approved
by a court under this chapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997, SEC.9.
IC 31-19-16-9
Privileges without court approval
Sec. 9. Postadoption contact privileges are permissible without court approval in an adoption of a child who is less than two (2) years of age upon the
agreement of the adoptive parents and a birth parent. However, postadoption contact privileges under this section may not include visitation. A postadoption
contact agreement under this section:
(1) is not enforceable; and
(2) does not affect the finality of the adoption.
As added by P.L.196-1997, SEC.10. Amended by P.L.2-1998, SEC.76.
IC 31-19-16.5
Chapter 16.5. Postadoption Sibling Contact
IC 31-19-16.5-1
Order for postadoption sibling contact
Sec. 1. At the time an adoption decree is entered, the court entering the decree may order the adoptive parents to provide specific postadoption contact
for an adopted child who is at least two (2) years of age with a pre-adoptive sibling if:
(1) the court determines that the postadoption contact would serve the best interests of the adopted child; and
(2) each adoptive parent consents to the court's order for postadoption contact privileges.
As added by P.L.196-1997, SEC.11.
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