IC 31-14-5
    Chapter 5. Filing of Paternity Action; Limitations

IC 31-14-5-1
Verification of petition; caption
    
Sec. 1. Each petition in a paternity action must:
        (1) be verified; and
        (2) be captioned "In the Matter of the Paternity of ________".
As added by P.L.1-1997, SEC.6.

IC 31-14-5-2
Petition by minors and incompetent persons; time for filingpetition; tolling of limitations during period of incompetency
    
Sec. 2. (a) A person less than eighteen (18) years of age may filea petition if the person is competent except for the person's age. Aperson who is otherwise incompetent may file a petition through theperson's guardian, guardian ad litem, or next friend.
    (b) Except as provided in subsection (c), a child may file apaternity petition at any time before the child reaches twenty (20)years of age.
    (c) If a child is incompetent on the child's eighteenth birthday, thechild may file a petition not later than two (2) years after the childbecomes competent.
As added by P.L.1-1997, SEC.6.

IC 31-14-5-3
Time for filing action
    
Sec. 3. (a) This section does not apply to an action filed by thedepartment or its agents under section 4 of this chapter (orIC 31-6-6.1-6(c) before its repeal).
    (b) The mother, a man alleging to be the child's father, or thedepartment or its agents must file a paternity action not later than two(2) years after the child is born, unless:
        (1) both the mother and the alleged father waive the limitationon actions and file jointly;
        (2) support has been furnished by the alleged father or by aperson acting on his behalf, either voluntarily or under anagreement with:
            (A) the mother;
            (B) a person acting on the mother's behalf; or
            (C) a person acting on the child's behalf;
        (3) the mother, the department, or the county office of familyand children files a petition after the alleged father hasacknowledged in writing that he is the child's biological father;
        (4) the alleged father files a petition after the mother hasacknowledged in writing that he is the child's biological father;
        (5) the petitioner was incompetent at the time the child wasborn; or
        (6) a responding party cannot be served with summons duringthe two (2) year period.    (c) If any of the conditions described in subsection (b) exist, thepaternity petition must be filed not later than two (2) years after thecondition described in subsection (b) ceases to exist.
As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006,SEC.223.

IC 31-14-5-4
Action by division or county office of family and childrenfurnishing public assistance; time for filing action
    
Sec. 4. If:
        (1) public assistance has been furnished for the child by thedivision of family resources; and
        (2) an assignment of support rights under Title IV-D of thefederal Social Security Act (42 U.S.C. 651 through 669) hasbeen executed on behalf of the child;
the division of family resources or the county office of family andchildren may file an action before the child becomes nineteen (19)years of age or graduates from high school, whichever occurs first.
As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006,SEC.224.

IC 31-14-5-5
Action to be filed during lifetime or within five months of death ofalleged father
    
Sec. 5. Notwithstanding any other provision of this chapter, anaction must be filed:
        (1) during the lifetime of the alleged father; or
        (2) not later than five (5) months after his death.
As added by P.L.1-1997, SEC.6.

IC 31-14-5-6
Necessary parties
    
Sec. 6. The child, the child's mother, and each person alleged tobe the father are necessary parties to each action.
As added by P.L.1-1997, SEC.6.

IC 31-14-5-7
Registration with putative father registry
    
Sec. 7. A man who files or is a party to a paternity action shallregister with the putative father registry under IC 31-19-5.
As added by P.L.1-1997, SEC.6.

IC 31-14-5-8
Action not barred by child's death or stillbirth or mother's death
    
Sec. 8. An action not otherwise barred is not barred by:
        (1) the death or stillbirth of the child; or
        (2) the death of the mother.
As added by P.L.1-1997, SEC.6.

IC 31-14-5-9 Barred from establishing paternity
    
Sec. 9. A man who is barred under IC 31-19 from establishingpaternity may not establish paternity by:
        (1) filing a paternity action as next friend of a child; or
        (2) requesting a prosecuting attorney to file a paternity action.
As added by P.L.21-2010, SEC.1.