reglab/housing_qa huggingface dataset:
IN Code § 31-19-9-17 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 9. Consent to Adoption|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, by affidavit or otherwise, in Indiana or any other jurisdiction.(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 or in any other jurisdiction 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.[Pre-1997 Recodification Citation: 31-3-1-6.4(h).]As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.22; P.L.61-2003, SEC.12; P.L.113-2017, SEC.8.
IN Code § 31-19-9-18 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 9. Consent to Adoption|31-19-9-18. When Implied Consent to Adoption Irrevocable

Sec. 18. (a) This section does not apply to the consent of an agency or local office that is served with notice under IC 31-19-4.5 and has lawful custody of a child whose adoption is being sought.(b) 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 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 under IC 31-19-10 and the motion is dismissed by the court under IC 31-19-10-1.2(g) or is otherwise denied by the court.As added by P.L.61-2003, SEC.13. Amended by P.L.183-2017, SEC.9; P.L.86-2018, SEC.217; P.L.203-2021, SEC.18.
IN Code § 31-19-9-19 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 9. Consent to Adoption|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.
IN Code § 31-19-10-0.5 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 10. Withdrawal of Consent to Adoption; Contest of Adoption|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.
IN Code § 31-19-10-1 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 10. Withdrawal of Consent to Adoption; Contest of Adoption|31-19-10-1. Persons Permitted to Contest Adoption; Deadline for Filing Motion to Contest; Contents of 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 in writing with the court in which the petition for adoption is filed not later than thirty (30) days after service of notice of the pending adoption. The motion must set forth the basis on which the person is contesting the adoption.(c) A person seeking to withdraw consent to an adoption must file a motion to withdraw consent to the adoption in writing with the court in which the petition for adoption is filed. The motion must set forth the basis on which the person is seeking to withdraw consent.[Pre-1997 Recodification Citation: 31-3-1-6.3(a).]As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.20; P.L.61-2003, SEC.15; P.L.203-2021, SEC.19.
IN Code § 31-19-10-1.4 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 10. Withdrawal of Consent to Adoption; Contest of Adoption|31-19-10-1.4. Basis for Resolving Contested Adoption

Sec. 1.4. (a) Except as provided in subsection (b), 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.(b) If a petition for adoption alleges that a parent's consent to the adoption is unnecessary under IC 31-19-9-8(a)(1) or IC 31-19-9-8(a)(2) and the parent files a motion to contest the adoption under section 1 of this chapter, the court may consider:(1) the parent's substance abuse;(2) the parent's voluntary unemployment; or(3) instability of the parent's household caused by a family or household member of the parent;as justifiable cause for the parent's abandonment or desertion of the child as described in IC 31-19-9-8(a)(1), failure to communicate significantly with the child as described in IC 31-19-9-8(a)(2)(A), or failure to provide for the care and support of the child as described in IC 31-19-9-8(a)(2)(B), if the parent has made substantial and continuing progress in remedying the factors in subdivisions (1), (2), and (3), and it appears reasonably likely that progress will continue.As added by P.L.61-2003, SEC.17. Amended by P.L.203-2021, SEC.21.
IN Code § 31-19-10-2 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 10. Withdrawal of Consent to Adoption; Contest of Adoption|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.[Pre-1997 Recodification Citation: 31-3-1-6.2.]As added by P.L.1-1997, SEC.11.
IN Code § 31-19-10-3 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 10. Withdrawal of Consent to Adoption; Contest of Adoption|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, in person or by telephonic communications or video conferencing, before a court in which the petition for adoption has been or will be filed 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; or(3) the person who signs the consent to adoption appears, in person or by telephonic communications or video conferencing, 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.(c) If a hearing under this section is conducted by telephonic communication or video conferencing, the court shall ensure that the hearing is recorded.[Pre-1997 Recodification Citation: 31-3-1-6(j) part.]As added by P.L.1-1997, SEC.11. Amended by P.L.61-2003, SEC.18; P.L.146-2007, SEC.11.
IN Code § 31-19-10-4 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 10. Withdrawal of Consent to Adoption; Contest of Adoption|31-19-10-4. Limitation on Withdrawing Consent

Sec. 4. A consent to adoption may be withdrawn only as provided in this chapter and may not be withdrawn after the entry of the adoption decree.[Pre-1997 Recodification Citation: 31-3-1-6(j) part.]As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.23.
IN Code § 31-19-10-4.5 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 10. Withdrawal of Consent to Adoption; Contest of Adoption|31-19-10-4.5. Contesting an Adoption

Sec. 4.5. A person who is served with notice under IC 31-19-4 or IC 31-19-4.5 and wishes to contest the adoption must do so in accordance with this chapter.[Pre-1997 Recodification Citation: 31-3-1-6.1(l).]As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.21; P.L.61-2003, SEC.19; P.L.113-2017, SEC.9.
IN Code § 31-19-10-5 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 10. Withdrawal of Consent to Adoption; Contest of Adoption|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.[Pre-1997 Recodification Citation: 31-3-1-6.3(b).]As added by P.L.1-1997, SEC.11.
IN Code § 31-19-10-6 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 10. Withdrawal of Consent to Adoption; Contest of Adoption|31-19-10-6. Determination of Contest of Adoption

Sec. 6. After setting the matter for a hearing under section 5 of this chapter, the court:(1) may dismiss the petition to contest the adoption under IC 31-19-10-1.2(g) or on other procedural grounds; or(2) shall, after hearing evidence at the hearing:(A) dismiss the petition for adoption if the court:(i) 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;(ii) finds that a required consent to adoption has not been obtained in writing or has not been implied under IC 31-19-9; or(iii) permits a necessary consent to adoption to be withdrawn; or(B) deny the motion to contest the adoption.[Pre-1997 Recodification Citation: 31-3-1-6.3(c).]As added by P.L.1-1997, SEC.11. Amended by P.L.203-2021, SEC.22.
IN Code § 31-19-10-7 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 10. Withdrawal of Consent to Adoption; Contest of Adoption|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.[Pre-1997 Recodification Citation: 31-3-1-6.3(d).]As added by P.L.1-1997, SEC.11. Amended by P.L.61-2003, SEC.20.
IN Code § 31-19-10-8 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 10. Withdrawal of Consent to Adoption; Contest of Adoption|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 of a child, by affidavit or otherwise, in Indiana or any other jurisdiction if his motion to contest the adoption has been denied under this chapter.[Pre-1997 Recodification Citation: 31-3-1-6.3(e).]As added by P.L.1-1997, SEC.11. Amended by P.L.113-2017, SEC.10.
IN Code § 31-19-11-1.1 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 11. Disposition of Petition for Adoption; Adoption Decree|31-19-11-1.1. Prohibited Discrimination and Considerations for Petitions for Adoption Filed by Persons With a Disability

Sec. 1.1. (a) As used in this section, "disability" has the meaning set forth in 42 U.S.C. 12102.(b) A court, in determining whether to grant a petition for adoption:(1) shall not discriminate against; and(2) shall take into consideration the provision of reasonable accommodations to;a petitioner who is a person with a disability, as provided under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 through 42 U.S.C. 12134), and other applicable state and federal law.As added by P.L.146-2021, SEC.10.
IN Code § 31-19-11-2 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 11. Disposition of Petition for Adoption; Adoption Decree|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) the department;the court shall provide for the custody of the child in the adoption decree.[Pre-1997 Recodification Citation: 31-3-1-8(b).]As added by P.L.1-1997, SEC.11. Amended by P.L.146-2008, SEC.560.
IN Code § 31-19-11-3 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 11. Disposition of Petition for Adoption; Adoption Decree|31-19-11-3. Request for Financial Assistance; Determination of Eligibility for Financial Assistance

Sec. 3. (a) If the petition for adoption contained a request for financial assistance, the court shall refer the petitioner to the department to complete and submit to the department the Indiana Adoption Program application for a determination of eligibility for:(1) adoption assistance under 42 U.S.C. 673, including applicable federal and state regulations; or(2) an adoption subsidy under IC 31-19-26.5.(b) The department shall determine the eligibility of the adoptive child for financial assistance and the amount of assistance, if any, that will be provided.(c) The court may not order payment of:(1) adoption assistance under 42 U.S.C. 673; or(2) any adoption subsidy under IC 31-19-26.5.[Pre-1997 Recodification Citation: 31-3-1-8(c).]As added by P.L.1-1997, SEC.11. Amended by P.L.146-2008, SEC.561; P.L.131-2009, SEC.22.
IN Code § 31-19-11-4 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 11. Disposition of Petition for Adoption; Adoption Decree|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.[Pre-1997 Recodification Citation: 31-3-1-8(d).]As added by P.L.1-1997, SEC.11.
IN Code § 31-19-11-5 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 11. Disposition of Petition for Adoption; Adoption Decree|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.[Pre-1997 Recodification Citation: 31-3-1-8(e).]As added by P.L.1-1997, SEC.11.
IN Code § 31-19-11-6 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 11. Disposition of Petition for Adoption; Adoption Decree|31-19-11-6. Court Prohibitions on Granting Petitions for Adoption

Sec. 6. The court may not grant a petition for adoption of a child if:(1) the parent-child relationship between the child and a parent has been terminated; and(2) one (1) or more of the following apply with respect to the termination described in subdivision (1):(A) The time for filing an appeal (including a request for transfer or certiorari) has not elapsed.(B) An appeal is pending.(C) An appellate court is considering a request for transfer or certiorari.[Pre-1997 Recodification Citation: 31-3-1-8(f).]As added by P.L.1-1997, SEC.11. Amended by P.L.81-2014, SEC.3.
IN Code § 31-19-11-7 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 11. Disposition of Petition for Adoption; Adoption Decree|31-19-11-7. Forward Copy of Adoption Decree

Sec. 7. If a court determines that an adopted child is the subject of an order to pay child support or to provide medical support being enforced by the state under IC 31-25-4-13.1, the court shall direct the clerk of the court to forward a certified copy of the adoption decree to all the following:(1) The court with jurisdiction over the child support order.(2) The clerk of the court in which the child support order resides.(3) The prosecuting attorney enforcing the child support order, if the order is enforced through the Title IV-D child support program.As added by P.L.206-2015, SEC.55.
IN Code § 31-19-12-1 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 12. Record of Adoption|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.[Pre-1997 Recodification Citation: 31-3-1-12(a).]As added by P.L.1-1997, SEC.11.
IN Code § 31-19-12-2 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 12. Record of Adoption|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.[Pre-1997 Recodification Citation: 31-3-1-12(b).]As added by P.L.1-1997, SEC.11.
IN Code § 31-19-12-3 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 12. Record of Adoption|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.[Pre-1997 Recodification Citation: 31-3-1-12(c).]As added by P.L.1-1997, SEC.11.
IN Code § 31-19-12-3.5 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 12. Record of Adoption|31-19-12-3.5. Processing a Birth Certificate; Requirements

Sec. 3.5. The state department of health may not process a birth certificate with respect to a record for adoption that the state department of health receives under this chapter unless the following has occurred regarding the adoption:(1) The adoption history fee and the putative father registry fee have been paid to the state department of health as required under IC 31-19-2-8.(2) The report required to be prepared under IC 31-19-17-2 has been submitted to the state department of health.As added by P.L.113-2017, SEC.11.
IN Code § 31-19-12-4 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 12. Record of Adoption|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.[Pre-1997 Recodification Citation: 31-3-1-12(d).]As added by P.L.1-1997, SEC.11.
IN Code § 31-19-12-5 (2021)
2021 Indiana Code|Title 31. Family Law and Juvenile Law|Article 19. Family Law: Adoption|Chapter 12. Record of Adoption|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.