CHAPTER 2. FILING OF PETITION FOR ADOPTION
IC 31-19-2
Chapter 2. Filing of Petition for Adoption
IC 31-19-2-1
Adoption of adult; petition; venue; consent; investigation
Sec. 1. (a) An individual who is at least eighteen (18) years of agemay be adopted by a resident of Indiana:
(1) upon proper petition to the court having jurisdiction inprobate matters in the county of residence of the individual orthe petitioner for adoption; and
(2) with the consent of the individual acknowledged in opencourt.
(b) If the court in which a petition for adoption is filed under thissection considers it necessary, the court may order:
(1) the type of investigation that is conducted in an adoption ofa 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.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-2
Adoption of minor child; petition; venue; substituting petitioner
Sec. 2. (a) A resident of Indiana who seeks to adopt a child lessthan eighteen (18) years of age may, by attorney of record, file apetition for adoption with the clerk of the court having probatejurisdiction in the county in which:
(1) the petitioner for adoption resides;
(2) a licensed child placing agency or governmental agencyhaving custody of the child is located; or
(3) the child resides.
(b) The county in which the petition for adoption may be filed isa matter of venue and not jurisdiction.
(c) Subject to IC 31-19-9-3, if an individual who files a petitionfor 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 maybe filed in the same action to substitute another individual whointends to adopt the child as the petitioner for adoption. Theamended petition or second petition under this subsection relatesback to the date of the original petition.
As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.2.
IC 31-19-2-3
Adoption of hard to place child by nonresident; petition; venue
Sec. 3. (a) An individual who is not a resident of Indiana and whoseeks to adopt a hard to place child may file a petition for adoptionwith the clerk of the court having probate jurisdiction in the countyin which the:
(1) licensed child placing agency or governmental agency
having custody of the child is located; or
(2) child resides.
(b) The county in which a petition for adoption may be filed is amatter of venue and not jurisdiction.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-4
Consent to adoption by petitioner's spouse
Sec. 4. (a) Except as provided in subsection (b), a petition foradoption by a married person may not be granted unless the husbandand 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 notnecessary if an acknowledged consent to adoption of the biologicalor adoptive parent is filed with the petition for adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-5
Filing of petition; number of copies; verification
Sec. 5. (a) Except as provided in subsection (b), a petition foradoption must be filed in triplicate.
(b) If a petition for adoption is sponsored by a licensed childplacing agency, the petition for adoption must be filed inquadruplicate.
(c) The original copy of a petition for adoption must be verifiedby the oath or affirmation of each petitioner for adoption.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,SEC.13; P.L.1-2010, SEC.120.
IC 31-19-2-6
Contents of petition
Sec. 6. A petition for adoption must specify the following:
(1) The:
(A) name if known;
(B) sex, race, and age if known, or if unknown, theapproximate 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 isdesired.
(3) Whether or not the child possesses real or personal propertyand, if so, the value and full description of the property.
(4) The:
(A) name, age, and place of residence of a petitioner foradoption; and
(B) if married, place and date of their marriage.
(5) The name and place of residence, if known to the petitionerfor 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 aguardian;
(C) the court or agency of which the child is a ward if thechild 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 ofthe 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 ofchildren;
and, if so, the date and description of the conviction.
(8) Additional information consistent with the purpose andprovisions of this article that is considered relevant to theproceedings.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.6;P.L.131-2009, SEC.13.
IC 31-19-2-7
Medical report
Sec. 7. (a) A medical report of the health status and medicalhistory of the child sought to be adopted and the child's birth parentsmust:
(1) accompany a petition for adoption; or
(2) be filed not later than sixty (60) days after the filing of apetition for adoption.
(b) The medical report must:
(1) include neonatal, psychological, physiological, and medicalcare history; and
(2) be on forms prescribed by the state registrar.
(c) A copy of the medical report shall be sent to the followingpersons:
(1) The state registrar.
(2) The prospective adoptive parents.
(d) This section does not authorize the release of medicalinformation that would result in the identification of an individual.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-7.3
Waiver of criminal history check requirements prohibited
Sec. 7.3. A court may not waive any criminal history checkrequirements set forth in this chapter.
As added by P.L.138-2007, SEC.36.
IC 31-19-2-7.5
Submission of information, forms, or consents for criminal historycheck Sec. 7.5. (a) This section does not apply to a petitioner foradoption who provides the licensed child placing agency or countyoffice of family and children with the results of a criminal historycheck conducted:
(1) in accordance with IC 31-9-2-22.5; and
(2) not more than one (1) year before the date on which thepetition is filed.
(b) Every petitioner for adoption shall submit the necessaryinformation, forms, or consents for:
(1) a licensed child placing agency; or
(2) the county office of family and children;
that conducts the inspection and investigation required for adoptionof a child under IC 31-19-8-5 to conduct a criminal history check (asdefined in IC 31-9-2-22.5) of the petitioner as part of itsinvestigation.
(c) The petitioner for adoption shall pay the fees and other costsof 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.
IC 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 thecourt of the criminal charge in writing.
As added by P.L.200-1999, SEC.8.
IC 31-19-2-8
Adoption history fee; putative father registry fee
Sec. 8. Unless the petitioner for adoption seeks under section 1 ofthis chapter to adopt a person who is at least eighteen (18) years ofage, the petitioner for adoption must attach to the petition foradoption:
(1) an adoption history fee of twenty dollars ($20) payable tothe state department of health; and
(2) a putative father registry fee of fifty dollars ($50) payable tothe state department of health for:
(A) administering the putative father registry established byIC 31-19-5; and
(B) paying for blood or genetic testing in a paternity actionin which an adoption is pending in accordance withIC 31-14-21-9.1.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.9.
IC 31-19-2-9
Deposit of fees in adoption history fund
Sec. 9. Fees collected under section 8 of this chapter shall bedeposited in the adoption history fund established by IC 31-19-18-6.As added by P.L.1-1997, SEC.11.
IC 31-19-2-10
Notice of filing of petition; examination, correction, andamendment of form of petition
Sec. 10. (a) Not more than five (5) days after a petition foradoption has been filed, the clerk of the court shall notify the courtof the filing.
(b) Upon receiving notice under subsection (a) that a petition foradoption has been filed, the court shall promptly:
(1) examine the petition for adoption; and
(2) determine whether the petition for adoption is in properform.
(c) If the court does not find the petition for adoption to be inproper form, the court shall return the petition for adoptionimmediately to the petitioner for adoption or the petitioner's attorney.
(d) If a petition for adoption is returned under subsection (c), thepetitioner for adoption shall promptly correct and amend the petitionfor adoption to conform to the law.
As added by P.L.1-1997, SEC.11.
IC 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, theclerk of the court shall examine the petition for adoption and thepetition for adoption shall be acted upon accordingly.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-12
Copies of petition forwarded to licensed child placing agency anddepartment of child services
Sec. 12. As soon as a petition for adoption is found to be in properform, the clerk of the court shall forward one (1) copy of the petitionfor adoption to:
(1) a licensed child placing agency as described inIC 31-19-7-1, with preference to be given to the agency, if any,sponsoring the adoption, as shown by the petition for adoption;and
(2) the department.
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.
IC 31-19-2-13
Temporary custody of adopted children
Sec. 13. (a) Except for a child who is under the care andsupervision of the department, a petitioner for adoption may file aseparate, ex parte, verified petition requesting temporary custody ofa child sought to be adopted at the time of or any time after the filingof a petition for adoption. The petition for temporary custody mustbe signed by each petitioner for adoption. (b) A court may grant a petition for temporary custody filed undersubsection (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 foradoption pending the hearing on the petition for adoption is inthe best interests of the child.
(c) If temporary custody is granted under this section, thepetitioner or petitioners for adoption are legally and financiallyresponsible for the child until otherwise ordered by the court.
As added by P.L.61-2003, SEC.2. Amended by P.L.145-2006,SEC.246.
IC 31-19-2-14
Consolidated paternity and adoption proceedings
Sec. 14. (a) If a petition for adoption and a petition to establishpaternity are pending at the same time for a child sought to beadopted, the court in which the petition for adoption has been filedhas exclusive jurisdiction over the child, and the paternity proceedingmust be consolidated with the adoption proceeding.
(b) If the petition for adoption is dismissed, the court hearing theconsolidated adoption and paternity proceeding shall determine whohas custody of the child under IC 31-19-11-5.
(c) Following a dismissal of the adoption petition undersubsection (b), the court may:
(1) retain jurisdiction over the paternity proceeding; or
(2) return the paternity proceeding to the court in which it wasoriginally filed.
If the paternity proceeding is returned to the court in which it wasoriginally filed, the court assumes jurisdiction over the child, subjectto any provisions of the consolidated court's order underIC 31-19-11-5.
As added by P.L.61-2003, SEC.3.