CHAPTER 2. CHILDREN BORN OUT OF WEDLOCK
IC 31-13-2
Chapter 2. Children Born Out of Wedlock
IC 31-13-2-1
Petition to establish whether child was born in wedlock; notice;hearing; determination; review
Sec. 1. (a) A person interested in establishing whether a child wasborn in wedlock may file a petition to maintain an action todetermine whether the child was born in wedlock. The petition must:
(1) be filed in the circuit or superior court of a county in whicheither of the parties to the marriage resides;
(2) set forth the facts concerning the child's birth; and
(3) name as defendants in the action all persons interested in thequestion of whether the child was born in wedlock.
The petitioner shall give the persons described in subdivision (3)notice in accordance with IC 31-16-2-5.
(b) The court shall hold a hearing on the petition filed undersubsection (a) and shall make a determination on the question ofwhether the child was born in wedlock.
(c) An appeal of the court's determination under subsection (b)may be taken to the supreme court. An appeal taken under thissubsection is governed by the same rules that apply to other civilactions that are appealed.
As added by P.L.1-1997, SEC.5.
IC 31-13-2-2
Finality of determination; subsequent review on petition ofdefendant less than 18 years of age at time of determination
Sec. 2. (a) Except as provided in subsection (b), a finaldetermination made under section 1 of this chapter (or IC 31-7-8-3before its repeal) is conclusive among the parties to the action andamong persons who make claims under parties to the action.
(b) A defendant who was less than eighteen (18) years of age atthe time the determination under section 1 of this chapter (orIC 31-7-8-3 before its repeal) became final may petition the circuitor superior court in which the original action was taken to review thedetermination. This petition must be filed before the individualbecomes nineteen (19) years of age.
As added by P.L.1-1997, SEC.5.
IC 31-13-2-3
Child of common law marriage consummated before January 2,1958
Sec. 3. A child of a common law marriage that was consummatedbefore January 2, 1958, is considered to be a child of a validmarriage.
As added by P.L.1-1997, SEC.5.