reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 6. Search of Paternity Records and Putative Father Registry › 31-19-6-3. Release of Copy of Paternity Determination and Notice of Filing of Petition to Establish Paternity

Sec. 3. (a) 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 Indiana department of health shall release a copy of the record of the paternity determination to the requesting attorney or agency.
(b) If a notice of a filing of a petition to establish paternity has been filed concerning a child who is the subject of a request under section 1 of this chapter, the Indiana department of health shall release a copy of the notice of the filing of the petition to the requesting attorney or agency.
[Pre-1997 Recodification Citation: 31-6-6.1-10.5(f).]
As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.21; P.L.56-2023, SEC.281.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 7. Prior Approval of Placement of Child in Proposed Adoptive Home › 31-19-7-1. Prior Written Approval of Placements; Criminal History Checks

Sec. 1. (a) A child may not be placed in a proposed adoptive home without the prior written approval of a licensed child placing agency or the local office approved for that purpose by the department.
(b) Except as provided in subsection (d), before giving prior written approval for placement in a proposed adoptive home of a child, 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 the local office 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 the local office provides written approval for the placement.
[Pre-1997 Recodification Citation: 31-3-1-3 part.]
As added by P.L.1-1997, SEC.11. Amended by P.L.234-2005, SEC.93; P.L.145-2006, SEC.247; P.L.138-2007, SEC.37; P.L.128-2012, SEC.48.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 7. Prior Approval of Placement of Child in Proposed Adoptive Home › 31-19-7-2. Consent of the Department

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 department is not required unless the child is a ward of the department.
[Pre-1997 Recodification Citation: 31-3-1-3 part.]
As added by P.L.1-1997, SEC.11. Amended by P.L.128-2012, SEC.49.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 7. Prior Approval of Placement of Child in Proposed Adoptive Home › 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.
[Pre-1997 Recodification Citation: 31-3-1-3 part.]
As added by P.L.1-1997, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 8. Supervision of Child by Licensed Child Placing Agency › 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) except as provided in section 2(c) of this chapter, a period of supervision, as described in section 2 of this chapter, by:
(A) a licensed child placing agency for a child who has not been adjudicated to be a child in need of services; or
(B) the department, if the child is the subject of an open child in need of services action.
[Pre-1997 Recodification Citation: 31-3-1-3 part.]
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.248; P.L.138-2007, SEC.38; P.L.131-2009, SEC.15; P.L.128-2012, SEC.50.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 8. Supervision of Child by Licensed Child Placing Agency › 31-19-8-2. Supervision Period; Waiver of Supervision Period

Sec. 2. (a) Except as provided in subsection (c), 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.
(c) A court hearing a petition for adoption of a child may waive the period of supervision under subsection (a) if one (1) of the petitioners is a stepparent or grandparent of the child and the court waives the report under section 5(c) of this chapter.
[Pre-1997 Recodification Citation: 31-3-1-3 part.]
As added by P.L.1-1997, SEC.11. Amended by P.L.138-2007, SEC.39.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 8. Supervision of Child by Licensed Child Placing Agency › 31-19-8-3. List of Licensed Child Placing Agencies and Local Offices of the Department

Sec. 3. (a) The department shall annually compile a list of:
(1) licensed child placing agencies; and
(2) the local offices;
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 local offices must include a description of the following:
(1) Fees charged by each agency and the department.
(2) Geographic area served by each agency and local office.
(3) Approximate waiting period for the inspection or supervision by each licensed child placing agency and local office.
(4) Other relevant information regarding the inspection and supervision provided by a licensed child placing agency or a local office under IC 31-19-7-1 and section 1 of this chapter.
(c) The department shall do the following:
(1) Maintain in its office or on its Internet web site copies of the list compiled under this section for distribution to individuals who request a copy.
(2) Provide each local office with sufficient copies of the list prepared under this section for distribution to individuals who request a copy.
(3) Provide a copy of the list to each public library organized under IC 36-12.
(d) The department and each:
(1) local office; and
(2) public library organized under IC 36-12;
shall make the list compiled under this section available for public inspection.
[Pre-1997 Recodification Citation: 31-3-1-3.5.]
As added by P.L.1-1997, SEC.11. Amended by P.L.1-2005, SEC.201; P.L.145-2006, SEC.249; P.L.131-2009, SEC.16; P.L.128-2012, SEC.51.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 8. Supervision of Child by Licensed Child Placing Agency › 31-19-8-4. List of Approved Supervising Agencies

Sec. 4. To facilitate adoption proceedings, the department shall:
(1) publish;
(2) post on its web site; or
(3) furnish to each public library organized under IC 36-12;
a list of approved supervising agencies.
[Pre-1997 Recodification Citation: 31-3-1-4(c).]
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.250; P.L.131-2009, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 8. Supervision of Child by Licensed Child Placing Agency › 31-19-8-5. Agency Report and Recommendation; Filing Requirements; Waiver of Report

Sec. 5. (a) Except as provided in subsection (c), not more than sixty (60) days from the date of reference of a petition for adoption to each appropriate agency:
(1) each licensed child placing agency, for a child who is not adjudicated to be a child in need of services; or
(2) if the child is the subject of an open child in need of services action, each local office;
shall submit to the court a written report of the investigation and recommendation as to the advisability of the adoption.
(b) The report and recommendation:
(1) shall be filed with the adoption proceedings; and
(2) become a part of the proceedings.
(c) A court hearing a petition for adoption of a child may waive the report required under subsection (a) if one (1) of the petitioners is a stepparent or grandparent of the child and the court waives the period of supervision.
(d) If the court waives the reports required under subsection (a), the court shall require the licensed child placing agency for a child who is not adjudicated to be a child in need of services or, if the child is the subject of an open child in need of services action, each local office to:
(1) ensure a criminal history check is conducted under IC 31-19-2-7.5; and
(2) report to the court the results of the criminal history check.
[Pre-1997 Recodification Citation: 31-3-1-4(d).]
As added by P.L.1-1997, SEC.11. Amended by P.L.138-2007, SEC.40; P.L.131-2009, SEC.18; P.L.128-2012, SEC.52.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 8. Supervision of Child by Licensed Child Placing Agency › 31-19-8-6. Contents of Report

Sec. 6. (a) The report required by section 5 of this chapter 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) 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 prospective adoptive parents.
(2) A recommendation that a request for a subsidy be denied in whole or in part due to the financial condition of the prospective adoptive parents.
(c) The criminal history information required under IC 31-19-2-7.5 must accompany the report.
[Pre-1997 Recodification Citation: 31-3-1-4(e).]
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.19; P.L.138-2007, SEC.41; P.L.131-2009, SEC.19; P.L.162-2011, SEC.14.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 8. Supervision of Child by Licensed Child Placing Agency › 31-19-8-7. Summary Consideration of Agency's Report; Continuance

Sec. 7. The court shall summarily consider the report submitted under section 5 of this chapter. 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.
[Pre-1997 Recodification Citation: 31-3-1-4(f).]
As added by P.L.1-1997, SEC.11. Amended by P.L.138-2007, SEC.42; P.L.131-2009, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 8. Supervision of Child by Licensed Child Placing Agency › 31-19-8-8. Agency Report and Recommendation; Nonbinding on Court

Sec. 8. The report and recommendation of the licensed child placing agency or local office are not binding on the court but are advisory only.
[Pre-1997 Recodification Citation: 31-3-1-4(g).]
As added by P.L.1-1997, SEC.11. Amended by P.L.138-2007, SEC.43; P.L.131-2009, SEC.21; P.L.128-2012, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 8. Supervision of Child by Licensed Child Placing Agency › 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.
[Pre-1997 Recodification Citation: 31-3-1-5 part.]
As added by P.L.1-1997, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 9. Consent to Adoption › 31-19-9-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The amendments made to IC 31-3-1-6 (before its repeal, now codified in IC 31-19-2, IC 31-19-4, this chapter, and IC 31-19-10) by P.L.293-1987 apply to a petition for adoption, except for a petition on which an adoption decree has been entered before May 4, 1987.
As added by P.L.220-2011, SEC.504.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 9. Consent to Adoption › 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 parent of a child born in wedlock, including a man who is presumed to be the child's biological father under IC 31-14-7-1(1) if the man is the biological or adoptive parent of the child.
(2) The mother of a child born out of wedlock and the biological father of the child if the father's 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 local office 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.
(7) A man who is not the biological father of the child, if:
(A) the man has proven to the court that it is in the best interest of the child to be adopted to require his consent; and
(B) the paternity of the child has been established by:
(i) a court proceeding other than the adoption proceeding, except as provided in IC 31-14-20-2; or
(ii) 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.
(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.
[Pre-1997 Recodification Citation: 31-3-1-6(c).]
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.17; P.L.58-2009, SEC.22; P.L.128-2012, SEC.54; P.L.89-2023, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 9. Consent to Adoption › 31-19-9-2. Execution and Acknowledgment of Consent; Timing; Restrictions

Sec. 2. (a) The consent to adoption may be executed or acknowledged at any time after the birth of the child, either in the presence of:
(1) the court, in person or by video conferencing;
(2) a notary public or other person authorized to take acknowledgments; or
(3) an authorized agent of:
(A) the department; or
(B) 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.
(e) Except as provided in subsection (f) or (g), a person who executes a written consent to the adoption of a child may not execute a second or subsequent written consent to have another person adopt the child unless one (1) or more of the following apply:
(1) Each original petitioner provides a written statement that the petitioner is not adopting the child.
(2) The person consenting to the adoption has been permitted to withdraw the first consent to adoption under IC 31-19-10.
(3) The court dismisses the petition for adoption filed by the original petitioner or petitioners for adoption based upon a showing, by clear and convincing evidence, that it is not in the best interests of the child that the petition for adoption be granted.
(4) The court denies the petition to adopt the child filed by the original petitioner or petitioners for adoption.
(f) The department may execute more than one (1) written consent to the adoption of a child if the department determines that the execution of more than one (1) written consent is in the best interests of the child.
(g) The parents of a child who is a ward of the department may execute a second or subsequent consent if:
(1) the court with jurisdiction over the child in need of services determines that adoption by the person to whom consents were originally signed is not in the child's best interest; or
(2) if the child's placement with the person who has petitioned or intends to petition to adopt the child is disrupted.
[Pre-1997 Recodification Citation: 31-3-1-6(d).]
As added by P.L.1-1997, SEC.11. Amended by P.L.130-2005, SEC.4; P.L.145-2006, SEC.251; P.L.21-2010, SEC.5; P.L.162-2011, SEC.15; P.L.128-2012, SEC.55; P.L.89-2023, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 9. Consent to Adoption › 31-19-9-3. Validity of Consent Not Identifying Petitioner for Adoption; Consent to Substituting Petitioners

Sec. 3. (a) 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.
(b) A petitioner may be substituted under IC 31-19-2-2 if:
(1) the consent to adoption executed by a child's mother contains a statement, by the mother consenting to adoption, that the mother voluntarily agrees that a petitioner for the adoption may be substituted without additional consent from the mother; or
(2) the mother executes a written consent to the substitution of a petitioner for the adoption.
The mother's consent under this subsection is not conditional regardless of whether the mother consents or does not consent to the substitution of petitioners under this subsection.
[Pre-1997 Recodification Citation: 31-3-1-6(e).]
As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.10.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 9. Consent to Adoption › 31-19-9-4. Forms

Sec. 4. The department may furnish to the clerks of courts prescribed forms for use by parents or other persons when giving consent to adoption.
[Pre-1997 Recodification Citation: 31-3-1-6(f).]
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.252.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 9. Consent to Adoption › 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.
[Pre-1997 Recodification Citation: 31-3-1-6(g) part.]
As added by P.L.1-1997, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 9. Consent to Adoption › 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 following:
(A) The availability of adoption history information under IC 31-19-17 through IC 31-19-25.5.
(B) The birth parent's option to file a contact preference form with the state registrar if the birth parent seeks to restrict the release of identifying information.
(C) That identifying information may be released unless the birth parent files the contact preference form with the state registrar indicating the birth parent's lack of consent to the release of identifying information.
(2) A contact preference form prescribed by the state registrar under IC 31-19-25-4.6.
[Pre-1997 Recodification Citation: 31-3-1-6(h) part.]
As added by P.L.1-1997, SEC.11. Amended by P.L.191-2011, SEC.12; P.L.3-2016, SEC.5.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 9. Consent to Adoption › 31-19-9-7. Contact Preference Forms

Sec. 7. Upon request, the state registrar shall provide an individual or agency with a contact preference form required by section 6(2) of this chapter.
[Pre-1997 Recodification Citation: 31-3-1-6(i).]
As added by P.L.1-1997, SEC.11. Amended by P.L.3-2016, SEC.6.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 9. Consent to Adoption › 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); or
(C) voluntary manslaughter (IC 35-42-1-3);
(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.
[Pre-1997 Recodification Citation: 31-3-1-6(l).]
As added by P.L.1-1997, SEC.11. Amended by P.L.142-2020, SEC.36.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 9. Consent to Adoption › 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) (before its repeal);
(F) child molesting (IC 35-42-4-3) as a:
(i) Class A or Class B felony, for a crime committed before July 1, 2014; or
(ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014;
(G) incest (IC 35-46-1-3) as a:
(i) Class B felony, for a crime committed before July 1, 2014; or
(ii) Level 4 felony, for a crime committed after June 30, 2014;
(H) neglect of a dependent (IC 35-46-1-4) as a:
(i) Class B felony, for a crime committed before July 1, 2014; or
(ii) Level 1 or Level 3 felony, for a crime committed after June 30, 2014;
(I) battery (IC 35-42-2-1) of a child as a:
(i) Class C felony, for a crime committed before July 1, 2014; or
(ii) Level 5 felony, for a crime committed after June 30, 2014;
(J) battery (IC 35-42-2-1) as a:
(i) Class A or Class B felony, for a crime committed before July 1, 2014; or
(ii) Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014;
(K) domestic battery (IC 35-42-2-1.3) as a Level 5, Level 4, Level 3, or Level 2 felony; or
(L) aggravated battery (IC 35-42-2-1.5) as a Level 3 or Level 1 felony;
(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.
[Pre-1997 Recodification Citation: 31-3-1-6(m).]
As added by P.L.1-1997, SEC.11. Amended by P.L.222-2001, SEC.1; P.L.158-2013, SEC.310; P.L.214-2013, SEC.23; P.L.168-2014, SEC.38; P.L.65-2016, SEC.13; P.L.210-2019, SEC.4; P.L.142-2020, SEC.37.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 9. Consent to Adoption › 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 motion to contest the adoption in accordance with IC 31-19-10 within fifteen (15) days after service of notice under IC 31-19-4 in the court in which the adoption is pending;
(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;
(3) having filed a paternity action under IC 31-14 or in any other jurisdiction, 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.
[Pre-1997 Recodification Citation: 31-3-1-6.1(m).]
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.19; P.L.200-1999, SEC.20; P.L.21-2010, SEC.6; P.L.113-2017, SEC.6; P.L.203-2021, SEC.17; P.L.89-2023, SEC.5.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 9. Consent to Adoption › 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.
[Pre-1997 Recodification Citation: 31-3-1-6.1(n).]
As added by P.L.1-1997, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 9. Consent to Adoption › 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 of the child, by affidavit or otherwise, in Indiana or any other jurisdiction.
[Pre-1997 Recodification Citation: 31-3-1-6.1(o).]
As added by P.L.1-1997, SEC.11. Amended by P.L.113-2017, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 9. Consent to Adoption › 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 fifteen (15) 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 fifteen (15) 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 fifteen (15) 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.
[Pre-1997 Recodification Citation: 31-3-1-6.4(d).]
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.21; P.L.89-2023, SEC.6.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 9. Consent to Adoption › 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.
[Pre-1997 Recodification Citation: 31-3-1-6.4(g).]
As added by P.L.1-1997, SEC.11.
2023 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.
2023 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 fifteen (15) 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; P.L.89-2023, SEC.7.
2023 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.
2023 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.
2023 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 fifteen (15) 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; P.L.89-2023, SEC.8.
2023 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.
2023 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.
2023 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 fifteen (15) 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) fifteen (15) 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; P.L.89-2023, SEC.9.
2023 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.
2023 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.
2023 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. (a) 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.
(b) A court shall expedite a hearing under this section.
[Pre-1997 Recodification Citation: 31-3-1-6.3(b).]
As added by P.L.1-1997, SEC.11. Amended by P.L.89-2023, SEC.10.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 Indiana 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. Amended by P.L.56-2023, SEC.283.