reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 7. Support Proceeding Under Convention › 31-18.5-7-1. Definitions

Sec. 1. In this article:
(1) "Application" means a request under the Convention by an obligee, or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2) "Central authority" means the entity designated by the United States or a foreign country described in IC 31-18.5-1-2(5)(D) to perform the functions specified in the Convention.
(3) "Convention support order" means a support order of a tribunal of a foreign country described in IC 31-18.5-1-2(5)(D).
(4) "Direct request" means a petition filed by an individual in an Indiana tribunal in a proceeding involving:
(A) an obligee;
(B) an obligor; or
(C) a child residing outside the United States.
(5) "Foreign central authority" means the entity designated by a foreign country described in IC 31-18.5-1-2(5)(D) to perform the functions specified in the Convention.
(6) "Foreign support agreement":
(A) means an agreement for support in a record that:
(i) is enforceable as a support order in the country of origin;
(ii) has been formally drawn up or registered as an authentic instrument by a foreign tribunal or authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii) may be reviewed and modified by a foreign tribunal; and
(B) includes a maintenance arrangement or authentic instrument under the Convention.
(7) "United States central authority" means the Secretary of the United States Department of Health and Human Services.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 7. Support Proceeding Under Convention › 31-18.5-7-2. Applicability

Sec. 2. This chapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this chapter is inconsistent with IC 31-18.5-1 through IC 31-18.5-6, this chapter controls.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 7. Support Proceeding Under Convention › 31-18.5-7-3. Relationship of Child Support Bureau to United States Central Authority

Sec. 3. The child support bureau of Indiana is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 7. Support Proceeding Under Convention › 31-18.5-7-4. Initiation by Child Support Bureau of Support Proceeding; Available Support Proceedings

Sec. 4. (a) In a support proceeding under this chapter, the support enforcement agency of Indiana shall:
(1) transmit and receive applications; and
(2) initiate or facilitate the institution of a proceeding regarding an application in an Indiana tribunal.
(b) The following support proceedings are available to an obligee under the Convention:
(1) Recognition or recognition and enforcement of a foreign support order.
(2) Enforcement of a support order issued or recognized in Indiana.
(3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child.
(4) Establishment of a support order if recognition of a foreign support order is refused under section 8(b)(2), 8(b)(4), or (8)(b)(9) of this chapter.
(5) Modification of a support order of an Indiana tribunal.
(6) Modification of a support order of a tribunal of:
(A) another state; or
(B) a foreign country.
(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
(1) Recognition of an order suspending or limiting enforcement of an existing support order of an Indiana tribunal.
(2) Modification of a support order of an Indiana tribunal.
(3) Modification of a support order of:
(A) a tribunal of another state; or
(B) a foreign country.
(d) An Indiana tribunal may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 7. Support Proceeding Under Convention › 31-18.5-7-5. Direct Request

Sec. 5. (a) A petitioner may file a direct request seeking:
(1) establishment or modification of a support order; or
(2) determination of parentage of a child.
In the proceeding, Indiana law applies.
(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 6 through 13 of this chapter apply.
(c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:
(1) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
(2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by Indiana law under the same circumstances.
(d) A petitioner filing a direct request is not entitled to assistance from the support enforcement agency.
(e) This chapter does not prevent the application of Indiana laws that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 7. Support Proceeding Under Convention › 31-18.5-7-6. Registration of Support Order

Sec. 6. (a) Except as otherwise provided in this chapter, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in Indiana as provided in IC 31-18.5-6.
(b) Notwithstanding IC 31-18.5-3-11 and IC 31-18.5-6-2(a), a request for registration of a Convention support order must be accompanied by:
(1) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
(2) a record stating that the support order is enforceable in the issuing country;
(3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) a record showing the amount of arrears, if any, and the date the amount was calculated;
(5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
(d) An Indiana tribunal may vacate the registration of a Convention support order without the filing of a contest under section 7 of this chapter only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 7. Support Proceeding Under Convention › 31-18.5-7-7. Contest of Registered Support Order

Sec. 7. (a) Except as otherwise provided in this section, IC 31-18.5-6-5 through IC 31-18.5-6-8 apply to a contest of a registered Convention support order.
(b) A party contesting a registered Convention support order shall file a contest not later than thirty (30) days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty (60) days after notice of the registration.
(c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b), the order is enforceable.
(d) A contest of a registered Convention support order may be based only on grounds set forth in section 8 of this chapter. The contesting party bears the burden of proof.
(e) In a contest of a registered Convention support order, an Indiana tribunal:
(1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) may not review the merits of the order.
(f) An Indiana tribunal deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 7. Support Proceeding Under Convention › 31-18.5-7-8. Recognition and Enforcement of Registered Support Order

Sec. 8. (a) Except as otherwise provided in subsection (b), an Indiana tribunal shall recognize and enforce a registered Convention support order.
(b) The following grounds are the only grounds on which an Indiana tribunal may refuse recognition and enforcement of a registered Convention support order:
(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard.
(2) The issuing tribunal lacked personal jurisdiction consistent with IC 31-18.5-2-1.
(3) The order is not enforceable in the issuing country.
(4) The order was obtained by fraud in connection with a matter of procedure.
(5) A record transmitted in accordance with section 6 of this chapter lacks authenticity or integrity.
(6) A proceeding between the same parties and having the same purpose is pending before an Indiana tribunal and that proceeding was the first to be filed.
(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this article in Indiana.
(8) Payment, to the extent alleged arrears have been paid in whole or in part.
(9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(A) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(B) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.
(10) The order was made in violation of section 11 of this chapter.
(c) If an Indiana tribunal does not recognize a Convention support order under subsection (b)(2), (b)(4), or (b)(9):
(1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
(2) the support enforcement agency shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 4 of this chapter.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 7. Support Proceeding Under Convention › 31-18.5-7-9. Partial Enforcement

Sec. 9. If an Indiana tribunal does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 7. Support Proceeding Under Convention › 31-18.5-7-10. Foreign Support Agreement

Sec. 10. (a) Except as otherwise provided in subsections (c) and (d), an Indiana tribunal shall recognize and enforce a foreign support agreement registered in Indiana.
(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1) a complete text of the foreign support agreement; and
(2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c) An Indiana tribunal may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, an Indiana tribunal may refuse recognition and enforcement of the agreement if it finds:
(1) recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2) the agreement was obtained by fraud or falsification;
(3) the agreement is incompatible with a support order involving the same parties and having the same purpose in Indiana, another state, or a foreign country if the support order is entitled to recognition and enforcement under this article in Indiana; or
(4) the record submitted under subsection (b) lacks authenticity or integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 7. Support Proceeding Under Convention › 31-18.5-7-11. Modification of Child Support Order

Sec. 11. (a) An Indiana tribunal may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1) the obligee submits to the jurisdiction of an Indiana tribunal, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(b) If an Indiana tribunal does not modify a Convention child support order because the order is not recognized in Indiana, section 8(c) of this chapter applies.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 7. Support Proceeding Under Convention › 31-18.5-7-12. Use of Personal Information

Sec. 12. Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 7. Support Proceeding Under Convention › 31-18.5-7-13. Record in Original Language; English Translation

Sec. 13. A record filed with an Indiana tribunal under this article must be in the original language and, if not in English, must be accompanied by an English translation.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 8. Interstate Rendition › 31-18.5-8-1. Grounds for Rendition

Sec. 1. (a) For purposes of this chapter, "governor" includes:
(1) an individual performing the functions of governor; or
(2) the executive authority of a state covered by this article.
(b) The governor of Indiana may:
(1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in Indiana with having failed to provide for the support of an obligee; or
(2) on the demand of the governor of another state, surrender an individual found in Indiana who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent with this article applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 8. Interstate Rendition › 31-18.5-8-2. Conditions of Rendition

Sec. 2. (a) Before making a demand that the governor of another state surrender an individual charged criminally in Indiana with having failed to provide for the support of an obligee, the governor of Indiana may require a prosecutor of Indiana to demonstrate that at least sixty (60) days previously the obligee had initiated proceedings for support under this article or that the proceeding would be of no avail.
(b) If, under this article or a law substantially similar to this article, the governor of another state makes a demand that the governor of Indiana surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecuting attorney to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 18.5. Family Law: Uniform Interstate Family Support Act › Chapter 9. Miscellaneous Provisions › 31-18.5-9-1. Uniformity of Application and Construction

Sec. 1. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
As added by P.L.206-2015, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 1. Jurisdiction Over Adoption Proceedings › 31-19-1-1. Adoptions Subject to Interstate Compact on the Placement of Children

Sec. 1. Except as provided in IC 31-28-4, 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 31-28-4.
[1997 Recodification Citation: New.]
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.244.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 1. Jurisdiction Over Adoption Proceedings › 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.
[Pre-1997 Recodification Citations: 31-3-1-1(a) part 31-3-1-11 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 2. Filing of Petition for Adoption › 31-19-2-1. Adoption of Adult; Petition; Venue; Consent; Investigation

Sec. 1. (a) Subject to section 1.1 of this chapter, 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 any county in Indiana; 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.
[Pre-1997 Recodification Citation: 31-3-1-11 part.]
As added by P.L.1-1997, SEC.11. Amended by P.L.244-2019, SEC.9; P.L.203-2021, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2. Filing of Petition for Adoption › 31-19-2-1.1. Name Change by Lifetime Sex or Violent Offender

Sec. 1.1. (a) This section applies only to an individual:
(1) who seeks to be adopted by a resident of Indiana under section 1 of this chapter; and
(2) who is a lifetime sex or violent offender.
(b) A court may not issue an order granting a petition for adoption of an individual described in subsection (a) unless all of the following conditions are met:
(1) The lifetime sex or violent offender complies with and meets the requirements of section 1 of this chapter.
(2) If the lifetime sex or violent offender intends to change the offender's name, the offender provides written notice of the petition for adoption and the new name to the local law enforcement authority in the:
(A) county of conviction; and
(B) county where the person resides.
(c) Upon proof that the notice described in subsection (b) has been properly served, the court shall grant the petition for adoption if all other requirements are met.
As added by P.L.244-2019, SEC.10.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2. Filing of Petition for Adoption › 31-19-2-2. Adoption of Minor Child; Petition; Venue; Substituting Petitioner

Sec. 2. (a) Except as provided in subsection (b), an individual who seeks to adopt a child less than eighteen (18) years of age must, 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;
(3) the attorney maintains an office; or
(4) the child resides.
(b) A petition for adoption of a child less than eighteen (18) years of age may be filed with the clerk of a court having probate jurisdiction in any county in Indiana if either of the following is filed with the petition:
(1) A written consent to the adoption from each individual whose consent to the adoption is required under IC 31-19-9 that:
(A) is executed by the individual in compliance with IC 31-19-9 not less than thirty (30) days before the petition for adoption is filed; and
(B) is not subject to a motion to withdraw consent under IC 31-19-10 filed by the individual less than fifteen (15) days after the consent is executed.
(2) A certified copy of a court order terminating the parental rights of each parent whose consent to the child's adoption is required under IC 31-19-9.
(c) The county in which the petition for adoption may be filed is a matter of venue and not jurisdiction.
(d) Subject to IC 31-19-9-3, if an individual who files a petition for adoption of a child:
(1) decides not to adopt the child; or
(2) is unable to adopt the child;
the petition for adoption may be amended or a second petition may be filed in the same action to substitute another individual who intends to adopt the child as the petitioner for adoption.
(e) If an amended petition or second petition is filed as described in subsection (d):
(1) the amended petition or second petition relates back to the date of the original petition; and
(2) a required notice that was provided with regard to the original petition satisfies the same notice requirement for the purposes of the second or amended petition.
[Pre-1997 Recodification Citation: 31-3-1-1(a).]
As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.2; P.L.203-2021, SEC.3; P.L.89-2023, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2. Filing of Petition for Adoption › 31-19-2-3. Repealed

[Pre-1997 Recodification Citation: 31-3-1-1(b) part.]
As added by P.L.1-1997, SEC.11. Repealed by P.L.203-2021, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2. Filing of Petition for Adoption › 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, joinder 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.
[Pre-1997 Recodification Citation: 31-3-1-1(c).]
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 2. Filing of Petition for Adoption › 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 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.
[Pre-1997 Recodification Citation: 31-3-1-2(a) part.]
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.13; P.L.1-2010, SEC.120.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2. Filing of Petition for Adoption › 31-19-2-6. Contents of Petition; Additional Documents

Sec. 6. (a) 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) Whether or not a current, ongoing child support order or medical support order is in effect for the child sought to be adopted.
(9) Additional information consistent with the purpose and provisions of this article that is considered relevant to the proceedings.
(b) If a current, ongoing child support order or medical support order is in effect for the child as described in subsection (a)(8), all of the following must be filed with the petition described under subsection (a):
(1) A copy of the child support order or medical support order.
(2) A statement as to whether the child support order or medical support order is enforced by the prosecuting attorney through the Title IV-D child support program under IC 31-25-4.
[Pre-1997 Recodification Citation: 31-3-1-2(a) part.]
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.6; P.L.131-2009, SEC.13; P.L.206-2015, SEC.54.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2. Filing of Petition for Adoption › 31-19-2-7. Medical Report

Sec. 7. (a) Except as provided in subsection (e), 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.
(e) This section does not apply to a petition for adoption under section 1 of this chapter.
[Pre-1997 Recodification Citation: 31-3-1-2(b).]
As added by P.L.1-1997, SEC.11. Amended by P.L.210-2019, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2. Filing of Petition for Adoption › 31-19-2-7.2. Prohibition on Immunization as Condition for Adoption; Penalties for Violation

Sec. 7.2. (a) A licensed child placing agency may not:
(1) require, as a condition for obtaining an adoption, that an individual or a member of the individual's household receive an immunization; or
(2) discriminate against an individual with respect to:
(A) the immunization status of; or
(B) a refusal to receive an immunization by;
the individual or a member of the individual's household.
(b) If a licensed child placing agency knowingly violates this section, the department may:
(1) issue a warning to the child placing agency;
(2) place the child placing agency's license on probationary status; or
(3) terminate the child placing agency license.
(c) Nothing in this section prohibits a licensed child placing agency from making placement decisions based on the individual needs of a medically fragile child or on biological parental preferences.
As added by P.L.45-2023, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2. Filing of Petition for Adoption › 31-19-2-7.3. Waiver of Criminal History Check Requirements Prohibited

Sec. 7.3. A court may not waive any criminal history check requirements set forth in this chapter.
As added by P.L.138-2007, SEC.36.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2. Filing of Petition for Adoption › 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 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 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 local office;
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) Except as provided in subsection (d), the petitioner for adoption shall pay the fees and other costs of the criminal history check required under this section.
(d) If the petitioner for adoption seeks to adopt a child who is under the care and supervision of the department at the time of or any time after the filing of the petition for adoption, the department may 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; P.L.128-2012, SEC.45; P.L.183-2017, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2. Filing of Petition for Adoption › 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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2. Filing of Petition for Adoption › 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 Indiana department of health; and
(2) a putative father registry fee of fifty dollars ($50) payable to the Indiana 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.
[Pre-1997 Recodification Citation: 31-3-1-2(c).]
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.9; P.L.56-2023, SEC.264.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2. Filing of Petition for Adoption › 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.
[Pre-1997 Recodification Citation: 31-3-1-2(a) 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 2. Filing of Petition for Adoption › 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.
[Pre-1997 Recodification Citation: 31-3-1-4(a).]
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 2. Filing of Petition for Adoption › 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.
[Pre-1997 Recodification Citation: 31-3-1-4(b) 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 2. Filing of Petition for Adoption › 31-19-2-12. Copies of Petition Forwarded 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 a licensed child placing agency as described in IC 31-9-2-17.5, with preference to be given to the agency, if any, sponsoring the adoption, as shown by the petition for adoption.
[Pre-1997 Recodification Citation: 31-3-1-4(b) part.]
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.245; P.L.146-2006, SEC.17; P.L.131-2009, SEC.14; P.L.162-2011, SEC.13; P.L.128-2012, SEC.46.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2. Filing of Petition for Adoption › 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 department, 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.
(d) To the extent that a temporary custody order issued under this section conflicts with a custody order issued by any other court except a court having appellate jurisdiction over the child, a temporary order under this section controls.
(e) A:
(1) party to the adoption; or
(2) person who had:
(A) custody of; or
(B) parenting time or visitation with;
the child before a temporary custody order was issued under this section;
may file a petition to suspend, modify, or revoke the temporary custody order granted under this section.
(f) Upon receipt of a petition described in subsection (e), the court shall set the matter for hearing.
(g) The court may suspend, modify, or revoke the temporary custody order if the court determines suspension, modification, or revocation of the temporary custody order is in the best interests of the child.
As added by P.L.61-2003, SEC.2. Amended by P.L.145-2006, SEC.246; P.L.81-2014, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2. Filing of Petition for Adoption › 31-19-2-14. Consolidated Paternity and Adoption Proceedings

Sec. 14. (a) If a petition for adoption and a paternity action 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. Amended by P.L.81-2014, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2. Filing of Petition for Adoption › 31-19-2-15. Information Provided to Current Foster Parent and Prospective Adoptive Parent; Explanation of Information; Signature

Sec. 15. (a) When the licensed child placing agency or local office that will conduct the inspection and supervision required under IC 31-19-7-1 and submit the report required under IC 31-19-8-5 has been determined, the licensed child placing agency or local office shall provide to the child's current foster parent and to the prospective adoptive parent a document that contains the following information:
(1) A description of the information that must be provided to the court in the report required under IC 31-19-8-5.
(2) Contact information for individuals employed by the licensed child placing agency or local office in a supervisory capacity.
(b) The licensed child placing agency or local office shall explain the contents of the document described in subsection (a) to the child's current foster parent and to the prospective adoptive parent. The child's current foster parent, the prospective adoptive parent, and the licensed child placing agency or local office shall be requested to sign the document acknowledging that:
(1) the child's current foster parent and the prospective adoptive parent have been provided with a copy of the document described in subsection (a); and
(2) the contents of the document have been explained to the child's current foster parent and to the prospective adoptive parent.
As added by P.L.26-2018, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2.5. General Notice Requirements › 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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2.5. General Notice Requirements › 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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2.5. General Notice Requirements › 31-19-2.5-3. Required Notice

Sec. 3. (a) Except as provided in section 4 of this chapter, notice must be given to:
(1) a person whose consent to adoption is required under IC 31-19-9-1;
(2) a putative father who is entitled to notice under IC 31-19-4;
(3) a grandparent described in IC 31-19-4.5-1(3) of a child sought to be adopted;
(4) a licensed child placing agency of which the child is a ward;
(5) if the child is the subject of an open or pending child in need of services proceeding under IC 31-34, the local office of the department of child services in the county in which the child in need of services proceeding was filed; and
(6) if the child is a subject of an open or pending juvenile delinquency proceeding under IC 31-37, the entity, facility, or individual of which the child is a ward.
(b) Proof of notice to those under subsection (a) shall be filed with the court in the adoption proceeding before the final adoption hearing can be scheduled.
(c) Failure to provide notice under this section shall require setting aside the adoption decree if challenged by an entity or individual who did not receive notice as required by this section. An adoption decree may be challenged under this subsection for a period of not more than forty-five (45) days after the date the adoption decree is entered.
As added by P.L.61-2003, SEC.4. Amended by P.L.97-2004, SEC.108; P.L.1-2007, SEC.195; P.L.128-2012, SEC.47; P.L.16-2017, SEC.2; P.L.190-2017, SEC.2; P.L.203-2021, SEC.5.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2.5. General Notice Requirements › 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 court;
(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 31-19-9-9;
(H) IC 31-19-9-10;
(I) IC 31-19-9-12;
(J) IC 31-19-9-15; or
(K) IC 31-19-9-18;
(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;
(4) a person whose parental rights have been terminated before the entry of a final decree of adoption; or
(5) a person who has waived notice under:
(A) IC 31-19-4-8; or
(B) IC 31-19-4.5-4.
As added by P.L.61-2003, SEC.4. Amended by P.L.58-2009, SEC.9; P.L.203-2021, SEC.6.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 2.5. General Notice Requirements › 31-19-2.5-5. Validity of Notice

Sec. 5. A notice served in accordance with IC 31-19-4 or IC 31-19-4.5 is valid regardless of whether the notice is served within or outside Indiana.
As added by P.L.146-2007, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 3. Notice of Adoption Before Birth of Child › 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.
[Pre-1997 Recodification Citation: 31-3-1-6.4(b).]
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.10.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 3. Notice of Adoption Before Birth of Child › 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.
[Pre-1997 Recodification Citation: 31-3-1-6.4(c).]
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 3. Notice of Adoption Before Birth of Child › 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).
[Pre-1997 Recodification Citation: 31-3-1-6.4(e).]
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.14; P.L.200-1999, SEC.11.