CHAPTER 3. NOTICE OF ADOPTION BEFORE BIRTH OF CHILD
IC 31-19-3
Chapter 3. Notice of Adoption Before Birth of Child
IC 31-19-3-1
Prebirth notice to putative father
Sec. 1. Before the birth of a child:
(1) a licensed child placing agency;
(2) an attorney representing prospective adoptive parents of thechild; or
(3) an attorney representing the mother of the child;
may serve the putative father of the child or cause the putative fatherto be served with actual notice that the mother of the child isconsidering an adoptive placement for the child.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999,SEC.10.
IC 31-19-3-2
Notice not compelling adoptive placement
Sec. 2. Providing the putative father with actual notice undersection 1 of this chapter does not obligate the mother of the child toproceed with an adoptive placement of the child.
As added by P.L.1-1997, SEC.11.
IC 31-19-3-3
Affidavit of service of actual notice
Sec. 3. (a) Upon the filing of a petition for adoption:
(1) the licensed child placing agency sponsoring the adoption;or
(2) the attorney representing the prospective adoptive parents;
shall submit to the court an affidavit setting forth the circumstancessurrounding the service of actual notice, including the time, ifknown, date, and manner in which the actual notice was provided.
(b) If notice is served upon the putative father under section 1(3)of this chapter:
(1) the licensed child placing agency sponsoring the adoption;or
(2) the attorney representing the prospective adoptive parents;
shall submit to the court an affidavit prepared by the attorneyrepresenting the mother of the child. An affidavit filed under thissubsection must contain the same information as an affidavit filedunder subsection (a).
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,SEC.14; P.L.200-1999, SEC.11.
IC 31-19-3-4
Form of notice
Sec. 4. Notice of the potential adoption under this chapter must beprovided to the putative father of the child in substantially thefollowing form:
"______________ (putative father's name), who has been named
as the father of the unborn child of __________ (birth mother'sname), or who claims to be the father of the unborn child, is notifiedthat __________ (birth mother's name) has expressed an intention tosecure an adoptive placement for the child.
If ___________ (putative father's name) seeks to contest theadoption of the unborn child, the putative father must file a paternityaction to establish his paternity in relation to the unborn child notlater than thirty (30) days after the receipt of this notice.
If ___________ (putative father's name) does not file a paternityaction not more than thirty (30) days after receiving this notice, orhaving filed a paternity action, is unable to establish paternity inrelation to the child under IC 31-14 or the laws applicable to a courtof another state when the court obtains jurisdiction over the paternityaction, the putative father's consent to the adoption or the voluntarytermination of the putative father's parent-child relationship underIC 31-35-1, or both, shall be irrevocably implied and the putativefather loses the right to contest the adoption, the validity of hisimplied consent to the adoption, the termination of the parent-childrelationship, and the validity of his implied consent to thetermination of the parent-child relationship. In addition, the putativefather loses the right to establish paternity of the child underIC 31-14 or in a court of another state when the court wouldotherwise be competent to obtain jurisdiction over the paternityaction, except as provided in IC 31-19-9-17(b).
Nothing ____________ (mother's name) or anyone else says to__________ (putative father's name) relieves ____________(putative father's name) of his obligations under this notice.
Under Indiana law, a putative father is a person who is named asor claims that he may be the father of a child born out of wedlock butwho has not yet been legally proven to be the child's father.
For purposes of this notice, _____________ (putative father'sname) is a putative father under the laws in Indiana regardingadoption.".
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999,SEC.12.
IC 31-19-3-5
Putative father's notice of paternity action
Sec. 5. A putative father who files a paternity action as describedby IC 31-19-9-15(2) after receiving notice of a potential adoptionfrom an attorney or a licensed child placing agency under section 1of this chapter shall notify the attorney or agency that the paternityaction has been filed. The notice must include the followinginformation:
(1) The name of the court.
(2) The cause number.
(3) The date of filing.
As added by P.L.1-1997, SEC.11.
IC 31-19-3-6 Adoptive parents' intervention in paternity action
Sec. 6. If a putative father fails to provide notice to an attorney ora licensed child placing agency under section 5 of this chapter (orunder IC 31-3-1-6.4(i) before its repeal), upon a motion of theprospective adoptive parents the court having jurisdiction over thepaternity action shall allow the prospective adoptive parents tointervene in the paternity action under Rule 24 of the Indiana Rulesof Trial Procedure.
As added by P.L.1-1997, SEC.11.
IC 31-19-3-7
Vacation of paternity determination; intervention by adoptiveparents
Sec. 7. If the court has already established the paternity of a fatherwho fails to provide notice under section 5 of this chapter (or underIC 31-3-1-6.4(i) before its repeal), upon motion of the prospectiveadoptive parents the court shall:
(1) set aside the paternity determination in order to reinstate thepaternity action; and
(2) allow the prospective adoptive parents to intervene asdescribed under section 6 of this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-3-8
Applicability of Rules of Trial Procedure
Sec. 8. The Indiana Rules of Trial Procedure do not apply to thegiving of notice under this chapter.
As added by P.L.200-1999, SEC.13.
IC 31-19-3-9
Validity of notice; putative father residing outside Indiana
Sec. 9. (a) A notice served in accordance with this chapter on aputative father who is a resident of Indiana is valid regardless ofwhether the notice is served within or outside Indiana.
(b) A notice served in accordance with this chapter outsideIndiana on a putative father who is not a resident of Indiana is validif the child was conceived:
(1) in Indiana; or
(2) outside Indiana, if the laws of the state in which the:
(A) father:
(i) is served notice; or
(ii) resides; or
(B) child was conceived;
allow a paternity or similar action to be filed before the birth ofa child.
As added by P.L.146-2007, SEC.4.