IC 31-19-10
    Chapter 10. Withdrawal of Consent to Adoption; Contest ofAdoption

IC 31-19-10-0.5
Standard of proof
    Sec. 0.5. The party bearing the burden of proof in a proceedingunder this chapter must prove the party's case by clear andconvincing evidence.
As added by P.L.130-2005, SEC.6.

IC 31-19-10-1
Persons permitted to contest adoption; time for filing motion tocontest
    Sec. 1. (a) Except as provided in subsection (c), only a personentitled to notice of adoption under IC 31-19-4 or IC 31-19-4.5 maycontest an adoption.
    (b) A person contesting an adoption must file a motion to contestthe adoption with the court not later than thirty (30) days afterservice of notice of the pending adoption.
    (c) A person seeking to withdraw consent to an adoption must filea motion to withdraw consent to the adoption with the court.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,SEC.20; P.L.61-2003, SEC.15.

IC 31-19-10-1.2
Contested adoption; burden of proof
    Sec. 1.2. (a) If a petition for adoption alleges that a parent'sconsent to adoption is unnecessary under:
        (1) IC 31-19-9-8(a)(1); or
        (2) IC 31-19-9-8(a)(2);
and the parent files a motion to contest the adoption under section 1of this chapter, a petitioner for adoption has the burden of provingthat the parent's consent to the adoption is unnecessary underIC 31-19-9-8.
    (b) If a petition for adoption alleges that a parent's consent toadoption is unnecessary under:
        (1) IC 31-19-9-8(a)(4)(B); or
        (2) IC 31-19-9-8(a)(4)(C);
and the parent files a motion to contest the adoption under section 1of this chapter, the parent has the burden of proving that the childwas not conceived under circumstances that would cause the parent'sconsent to be unnecessary under IC 31-19-9-8(a)(4). The absence ofa criminal prosecution and conviction is insufficient to satisfy theburden of proof.
    (c) If a petition for adoption alleges that a parent's consent toadoption is unnecessary under IC 31-19-9-8(a)(9) and the parent filesa motion to contest the adoption under section 1 of this chapter, apetitioner for adoption has the burden of proving that the parent'sconsent to the adoption is unnecessary under IC 31-19-9-8(a)(9).    (d) If a petition for adoption alleges that a legal guardian or lawfulcustodian's consent to adoption is unnecessary underIC 31-19-9-8(a)(10) and the legal guardian or lawful custodian filesa motion to contest the adoption under section 1 of this chapter, thelegal guardian or lawful custodian has the burden of proving that thewithholding of the consent to adoption is in the best interests of theperson sought to be adopted.
    (e) If a petition for adoption alleges that a parent's consent toadoption is unnecessary under IC 31-19-9-8(a)(11) and the parentfiles a motion to contest the adoption under section 1 of this chapter,a petitioner for adoption has the burden of proving that therequirements of IC 31-19-9-8(a)(11) are satisfied and that the bestinterests of the child are served if the court dispenses with theparent's consent to adoption.
    (f) If a petition for adoption alleges that a parent's consent toadoption is unnecessary under:
        (1) IC 31-19-9-9; or
        (2) IC 31-19-9-10;
and the parent files a motion to contest the adoption under section 1of this chapter, a petitioner has the burden of proving that therequirements of IC 31-19-9-9 or IC 31-19-9-10, respectively, aresatisfied and that the best interests of the child are served if the courtdispenses with the parent's consent to adoption.
    (g) If a court finds that the person who filed the motion to contestthe adoption is failing to prosecute the motion without undue delay,the court shall dismiss the motion to contest with prejudice, and theperson's consent to the adoption shall be irrevocably implied.
As added by P.L.61-2003, SEC.16.

IC 31-19-10-1.4
Basis for resolving contested adoption
    Sec. 1.4. A court, in making a determination under section 1.2(e)of this chapter, shall consider all relevant evidence, but may not baseits determination solely on a finding that a:
        (1) petitioner for adoption would be a better parent for a childthan the parent who filed the motion to contest the adoption; or
        (2) parent has a biological link to the child sought to beadopted.
As added by P.L.61-2003, SEC.17.

IC 31-19-10-2
Notice of intent to withdraw consent or to contest adoption
    Sec. 2. A person seeking to withdraw consent to an adoptionunder section 3 of this chapter or contesting an adoption must givenotice of intent to withdraw consent to or contest the adoption to thefollowing persons:
        (1) All parties to the adoption.
        (2) A person whose consent to adoption is required byIC 31-19-9.
As added by P.L.1-1997, SEC.11.
IC 31-19-10-3
Withdrawal of consent to adoption
    Sec. 3. (a) A consent to adoption may be withdrawn not later thanthirty (30) days after consent to adoption is signed if:
        (1) the court finds, after notice and opportunity to be heardafforded to the petitioner for adoption, that the person seekingthe withdrawal is acting in the best interest of the person soughtto be adopted; and
        (2) the court orders the withdrawal.
    (b) A consent to adoption may not be withdrawn after:
        (1) thirty (30) days after the consent to adoption is signed;
        (2) the person who signs the consent to adoption appears, inperson or by telephonic communications or video conferencing,before a court in which the petition for adoption has been orwill be filed and acknowledges that the person:
            (A) understood the consequences of the signing of theconsent to adoption;
            (B) freely and voluntarily signed the consent to adoption;and
            (C) believes that adoption is in the best interests of theperson to be adopted; or
        (3) the person who signs the consent to adoption appears, inperson or by telephonic communications or video conferencing,before a court of competent jurisdiction if the parent is outsideof Indiana and acknowledges that the person:
            (A) understood the consequences of the signing of theconsent to adoption;
            (B) freely and voluntarily signed the consent to adoption;and
            (C) believes that adoption is in the best interests of theperson to be adopted;
whichever occurs first.
    (c) If a hearing under this section is conducted by telephoniccommunication or video conferencing, the court shall ensure that thehearing is recorded.
As added by P.L.1-1997, SEC.11. Amended by P.L.61-2003, SEC.18;P.L.146-2007, SEC.11.

IC 31-19-10-4
Limitation on withdrawing consent
    Sec. 4. A consent to adoption may be withdrawn only as providedin this chapter and may not be withdrawn after the entry of theadoption decree.
As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.23.

IC 31-19-10-4.5
Contest of adoption by putative father
    Sec. 4.5. The putative father of a child who is served with noticeunder IC 31-19-4 and wishes to contest the adoption must do so inaccordance with this chapter.As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,SEC.21; P.L.61-2003, SEC.19.

IC 31-19-10-5
Hearing to contest adoption
    Sec. 5. Whenever a motion to contest an adoption is filed, thecourt shall, before entering a decree under IC 31-19-11, set thematter for a hearing to contest the adoption.
As added by P.L.1-1997, SEC.11.

IC 31-19-10-6
Determination of contest of adoption
    Sec. 6. After hearing evidence at the hearing, the court shall:
        (1) dismiss the petition for adoption if the court:
            (A) finds that the person who filed the motion to contest theadoption has established that it is in the best interests of thechild that the motion to contest the adoption be granted;
            (B) finds that a required consent to adoption has not beenobtained in writing or has not been implied underIC 31-19-9; or
            (C) permits a necessary consent to adoption to bewithdrawn; or
        (2) deny the motion to contest the adoption.
As added by P.L.1-1997, SEC.11.

IC 31-19-10-7
Service of notice of adoption contest; protection of privacy ofadoption petitioner
    Sec. 7. (a) The court may:
        (1) send all notices of the filing of a motion to contest anadoption;
        (2) conduct bifurcated hearings under this chapter; and
        (3) issue an order protecting the anonymity of a petitioner foradoption.
    (b) An order issued under subsection (a)(3) may include an orderdirected 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 todisclose information that identifies or may tend to identify apetitioner for adoption.
As added by P.L.1-1997, SEC.11. Amended by P.L.61-2003, SEC.20.

IC 31-19-10-8
Denial of putative father's adoption contest as bar to establishingpaternity
    Sec. 8. A putative father is barred from establishing paternityunder IC 31-14 if his motion to contest the adoption has been deniedunder this chapter.
As added by P.L.1-1997, SEC.11.