CHAPTER 4. NOTICE OF ADOPTION AFTER BIRTH OF CHILD
IC 31-19-4
Chapter 4. Notice of Adoption After Birth of Child
IC 31-19-4-1
Notice to registered putative father
Sec. 1. Except as provided by IC 31-19-2.5-4, if:
(1) on or before the date the mother of a child executes aconsent to the child's adoption, the mother has provided anattorney or agency arranging the adoption with the name andaddress of the putative father; and
(2) the putative father of the child has:
(A) failed or refused to consent to the adoption of the child;or
(B) not had the parent-child relationship terminated underIC 31-35 (or IC 31-6-5 before its repeal);
the putative father shall be given notice of the adoption proceedingsunder Rule 4.1 of the Indiana Rules of Trial Procedure.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999,SEC.14; P.L.61-2003, SEC.5.
IC 31-19-4-2
Notice to putative father registered with putative father registry;name or address not provided by mother
Sec. 2. Except as provided by IC 31-19-2.5-4, if:
(1) on or before the date the mother of a child executes aconsent to the child's adoption, the mother has not provided anattorney or agency arranging the adoption with the name oraddress, or both, of the putative father of the child; and
(2) the putative father of the child has:
(A) failed or refused to consent to the adoption of the childor has not had the parent-child relationship terminated underIC 31-35 (or IC 31-6-5 before its repeal); and
(B) registered with the putative father registry underIC 31-19-5 (or IC 31-6-5 before its repeal) within the periodunder IC 31-19-5-12;
the putative father shall be given notice of the adoption proceedingsunder Rule 4.1 of the Indiana Rules of Trial Procedure.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999,SEC.15; P.L.61-2003, SEC.6.
IC 31-19-4-3
Notice to putative father not registered with putative fatherregistry; name or address undisclosed by mother; child conceivedoutside Indiana
Sec. 3. (a) If:
(1) the mother of a child:
(A) informs an attorney or agency arranging the child'sadoption, on or before the date the child's mother executesa consent to the child's adoption, that the child wasconceived outside Indiana; and (B) does not disclose to the attorney or agency the name oraddress, or both, of the putative father of the child; and
(2) the putative father of the child has:
(A) failed or refused to consent to the adoption of the childor has not had the parent-child relationship terminated underIC 31-35 (or IC 31-6-5 before its repeal); and
(B) not registered with the putative father registry underIC 31-19-5 within the period under IC 31-19-5-12;
the attorney or agency shall serve notice of the adoption proceedingson the putative father by publication in the same manner as asummons is served by publication under Rule 4.13(C) of the IndianaRules of Trial Procedure.
(b) The only circumstance under which notice to the putativefather must be given by publication under Rule 4.13(C) of theIndiana Rules of Trial Procedure is when the child was conceivedoutside of Indiana as described in subsection (a).
As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.5;P.L.58-2009, SEC.10.
IC 31-19-4-4
Notice to unnamed father; form
Sec. 4. Notice of the adoption proceeding required under section3 of this chapter shall be given to an unnamed putative father insubstantially the following form:
"NOTICE TO UNNAMED FATHER
The unnamed putative father of the child born to ______ (mother'sname) on _____ (date), or the person who claims to be the father ofthe child born to _____ (mother's name) on _____ (date), is notifiedthat a petition for adoption of the child was filed in the office of theclerk of _____ court, _____ (address of court).
If the unnamed putative father seeks to contest the adoption of thechild, the unnamed putative father must file a motion to contest theadoption in accordance with IC 31-19-10-1 in the above named courtwithin thirty (30) days after the date of service of this notice. Thisnotice may be served by publication.
If the unnamed putative father does not file a motion to contest theadoption within thirty (30) days after service of this notice, the abovenamed court shall hear and determine the petition for adoption. Theunnamed putative father's consent is irrevocably implied and theunnamed putative father loses the right to contest the adoption or thevalidity of the unnamed putative father's implied consent to theadoption. The unnamed putative father loses the right to establishpaternity of the child under IC 31-14.
Nothing __________ (mother's name) or any one else says to theunnamed putative father of the child relieves the unnamed putativefather 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.
This notice complies with IC 31-19-4-4 but does not exhaustively
set forth the unnamed putative father's legal obligations under theIndiana adoption statutes. A person being served with this noticeshould consult the Indiana adoption statutes.".
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999,SEC.16; P.L.61-2003, SEC.7; P.L.21-2010, SEC.2.
IC 31-19-4-5
Notice to named father; form
Sec. 5. Notice of the adoption proceeding shall be given to:
(1) the putative father who is entitled to notice under section 1or 2 of this chapter; or
(2) a named putative father under section 3 of this chapter;
in substantially the following form:
"NOTICE TO NAMED FATHER
______________ (putative father's name), who has been namedthe father of the child born to _____________ (mother's name) on________ (date), or who claims to be the father of the child born to_______________ (mother's name) on __________ (date), is notifiedthat a petition for adoption of the child was filed in the office of theclerk of ____________ court, ______________ (address of thecourt).
If ______________ (putative father's name) seeks to contest theadoption of the child, he must file a motion to contest the adoptionin accordance with IC 31-19-10-1 in the above named court not laterthan thirty (30) days after the date of service of this notice.
If ______________ (putative father's name) does not file a motionto contest the adoption within thirty (30) days after service of thisnotice, the above named court will hear and determine the petitionfor adoption. His consent will be irrevocably implied and he will losehis right to contest either the adoption or the validity of his impliedconsent to the adoption. He will lose his right to establish hispaternity of the child under IC 31-14.
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. Forpurposes of this notice, _____________ (putative father's name) isa putative father under the laws in Indiana regarding adoption.
This notice complies with IC 31-19-4-5 but does not exhaustivelyset forth a putative father's legal obligations under the Indianaadoption statutes. A person being served with this notice shouldconsult the Indiana adoption statutes.".
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999,SEC.17; P.L.61-2003, SEC.8; P.L.21-2010, SEC.3.
IC 31-19-4-6
Putative father not entitled to notice of adoption
Sec. 6. Except as provided in section 3 of this chapter, if: (1) on or before the date the mother of a child executes aconsent to the child's adoption, the mother does not disclose tothe attorney or agency arranging the adoption the identity oraddress, or both, of the putative father; and
(2) the putative father has not registered with the putative fatherregistry under IC 31-19-5 within the period underIC 31-19-5-12;
the putative father is not entitled to notice of the adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-4-7
Actual notice not required
Sec. 7. If a putative father is entitled to notice under section 1, 2,or 3 of this chapter, upon:
(1) providing service of process in the same manner as asummons and complaint are served under Rule 4.1 of theIndiana Rules of Trial Procedure for notice under section 1 or2 of this chapter; or
(2) publication in the same manner as a summons is served bypublication under Rule 4.13 of the Indiana Rules of TrialProcedure for notice under section 3 of this chapter;
no further efforts to give notice to the putative father are necessary,regardless of whether the putative father actually receives the notice.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,SEC.15; P.L.146-2007, SEC.6.
IC 31-19-4-8
Waiver of notice
Sec. 8. (a) The notice required by this chapter may be waived inwriting before or after the birth of a child.
(b) A waiver of notice under subsection (a) must:
(1) be in writing and signed in the presence of a notary public;and
(2) acknowledge that:
(A) the waiver is irrevocable; and
(B) the person signing the waiver will not receive notice ofthe adoption proceedings.
A person who waives notice of an adoption may not subsequentlychallenge or contest an adoption of the child.
As added by P.L.1-1997, SEC.11. Amended by P.L.61-2003, SEC.9;P.L.130-2005, SEC.1.
IC 31-19-4-9
Exceptions to notice required by chapter
Sec. 9. The notice required by this chapter is not necessary:
(1) if actual notice has been given to a putative father underIC 31-19-3; or
(2) if:
(A) a person has attempted to give notice to a putative fatherat a particular address under IC 31-19-3; and (B) the putative father could not be located at that address;
unless the putative father registers that address with the putativefather registry under IC 31-19-5.
As added by P.L.1-1997, SEC.11. Amended by P.L.130-2005, SEC.2.
IC 31-19-4-10
Repealed
(Repealed by P.L.61-2003, SEC.22.)
IC 31-19-4-11
Repealed
(Repealed by P.L.61-2003, SEC.22.)
IC 31-19-4-12
Repealed
(Repealed by P.L.61-2003, SEC.22.)
IC 31-19-4-13
Applicability of Rules of Trial Procedure
Sec. 13. Only the rules of the Indiana Rules of Trial Procedurespecified in this chapter apply to the giving of notice under thischapter.
As added by P.L.200-1999, SEC.18.