IC 31-14-21
    Chapter 21. Requirements When Adoption Pending for ChildWho Is Subject of Paternity Action

IC 31-14-21-1
Applicability of IC 31-14-21-1 through IC 31-14-21-7
    Sec. 1. Sections 1 through 7 of this chapter apply if a man whofiles or is a party to a paternity action under this article (orIC 31-6-6.1 before its repeal) is:
        (1) served with notice under:
            (A) IC 31-19-3 (or IC 31-3-1-6.4 before its repeal); or
            (B) IC 31-19-4-1 through IC 31-19-4-9 (or IC 31-3-1-6.1before its repeal); or
        (2) informed in any other manner;
of a pending or potential adoption of a child who is the subject of thepaternity action.
As added by P.L.1-1997, SEC.6.

IC 31-14-21-2
Nonapplicability of IC 31-14-21-1 through IC 31-14-21-7
    Sec. 2. Sections 1 through 7 of this chapter do not apply to a manwhose paternity of a child is established before the filing of a petitionto adopt the man's child.
As added by P.L.1-1997, SEC.6.

IC 31-14-21-3
Putative father's notice of paternity action; notice to attorney oragency in adoption proceedings
    Sec. 3. A putative father shall give notice of the paternity actionto an attorney or agency that serves the putative father with notice asdescribed in section 1(1) of this chapter.
As added by P.L.1-1997, SEC.6.

IC 31-14-21-4
Putative father's notice of paternity action; notice to clerk havingjurisdiction over adoption
    Sec. 4. A putative father who has not been served with notice ofa paternity action as described in section 1(1) of this chapter butknows:
        (1) that an adoption has been filed; and
        (2) the court in which the adoption is pending;
shall serve the clerk of the court having jurisdiction over theadoption with notice of the paternity action.
As added by P.L.1-1997, SEC.6.

IC 31-14-21-5
Content of notice
    Sec. 5. The notice required by sections 3 and 4 of this chaptermust include:
        (1) the name of the court;        (2) the cause number; and
        (3) the date of filing;
of the paternity action.
As added by P.L.1-1997, SEC.6.

IC 31-14-21-6
Failure to provide notice; intervention by adoptive parents
    Sec. 6. If:
        (1) a putative father fails to provide notice under section 3 or 4of this chapter; and
        (2) the prospective adoptive parents file a motion to intervene;
the court with jurisdiction over the paternity action shall allow theprospective adoptive parents to intervene in the paternity actionunder Rule 24 of the Indiana Rules of Trial Procedure as describedin section 8 of this chapter.
As added by P.L.1-1997, SEC.6.

IC 31-14-21-7
Failure to provide notice; vacation of paternity determination;intervention by adoptive parents
    Sec. 7. If the court has already established the paternity of a fatherwho fails to provide notice under section 3 or 4 of this chapter andthe prospective adoptive parents file a motion to intervene, the courtshall:
        (1) set aside the paternity determination to reinstate thepaternity action; and
        (2) allow the prospective adoptive parents to intervene asdescribed in section 6 of this chapter.
As added by P.L.1-1997, SEC.6.

IC 31-14-21-8
Intervention by adoptive parents; purposes of intervention;objections to errors in paternity proceedings
    Sec. 8. (a) If:
        (1) an adoption of a child who is the subject of the paternityaction is pending; and
        (2) the prospective adoptive parents file a motion to intervene;
the court having jurisdiction over the paternity action under thisarticle shall allow the prospective adoptive parents to intervene in thepaternity action under Rule 24 of the Indiana Rules of TrialProcedure.
    (b) The prospective adoptive parents may intervene under thissection solely for purposes of:
        (1) receiving notice of the paternity proceedings; and
        (2) attempting to ensure that the putative father's paternity is notestablished unless the putative father is the child's biologicalfather.
    (c) A prospective adoptive parent may object to any error thatoccurs during the paternity proceedings.
As added by P.L.1-1997, SEC.6.
IC 31-14-21-9
Duty of court with jurisdiction to establish paternity within periodprescribed by chapter
    Sec. 9. (a) Except as provided under section 13 of this chapter andsubject to IC 31-19-2-14, if a court presiding over a paternity actionunder this article knows of:
        (1) a pending adoption of a child who is the subject of thepaternity action; and
        (2) the court in which the adoption is pending;
the court having jurisdiction over the paternity action shall establisha child's paternity within the period prescribed by this chapter.
    (b) Except as provided under section 13 of this chapter andsubject to IC 31-19-2-14, the court shall conduct an initial hearingnot more than thirty (30) days after:
        (1) the filing of the paternity petition; or
        (2) the birth of the child;
whichever occurs later.
As added by P.L.1-1997, SEC.6. Amended by P.L.200-1999, SEC.3;P.L.61-2003, SEC.1; P.L.58-2009, SEC.5.

IC 31-14-21-9.1
Duty of court to order blood or genetic testing
    Sec. 9.1. (a) Except as provided under section 13 of this chapterand subject to IC 31-19-2-14, at the initial hearing held under section9 of this chapter, the court shall order all the parties to the paternityaction to undergo blood or genetic testing.
    (b) If the alleged father is unable to pay for the initial costs of thetesting, the court shall order that the tests be paid by the statedepartment of health from putative father registry fees collectedunder IC 31-19-2-8(2). The state department of health may recovercosts from an individual found to be the biological father of the childin the action.
As added by P.L.200-1999, SEC.4. Amended by P.L.58-2009, SEC.6.

IC 31-14-21-9.2
Final hearing to determine paternity and ruling
    Sec. 9.2. Subject to IC 31-19-2-14 and section 13 of this chapter,not later than ninety (90) days after the initial hearing held undersection 9 of this chapter, the court shall conduct a final hearing todetermine paternity. Not more than fourteen (14) days after the finalhearing, the court shall issue its ruling in the paternity action.
As added by P.L.200-1999, SEC.5. Amended by P.L.58-2009, SEC.7.

IC 31-14-21-10
Repealed
    (Repealed by P.L.200-1999, SEC.34.)

IC 31-14-21-11
Repealed
    (Repealed by P.L.200-1999, SEC.34.)
IC 31-14-21-12
Repealed
    (Repealed by P.L.200-1999, SEC.34.)

IC 31-14-21-13
Stay proceedings in paternity action
    Sec. 13. Upon notice that a court in which an adoption is pendinghas assumed jurisdiction of a paternity action under IC 31-19-2-14,the court in which the paternity action was pending shall stay allproceedings in the paternity action until further order from the courtin which the adoption is pending.
As added by P.L.58-2009, SEC.8.