CHAPTER 4.5. OTHER PERSONS ENTITLED TO NOTICE OF ADOPTION
IC 31-19-4.5
Chapter 4.5. Other Persons Entitled to Notice of Adoption
IC 31-19-4.5-1
Application
Sec. 1. This chapter:
(1) shall not be construed to affect notice of an adoptionprovided to a putative father under IC 31-19-4; and
(2) applies to a father who has abandoned, failed to support, orfailed to communicate with a child.
As added by P.L.61-2003, SEC.10. Amended by P.L.146-2007,SEC.7.
IC 31-19-4.5-2
Notice when consent not required
Sec. 2. Except as provided in IC 31-19-2.5-4, if a petition foradoption alleges that consent to adoption is not required underIC 31-19-9-8, notice of the adoption must be given to the person fromwhom consent is allegedly not required under IC 31-19-9-8. Noticeshall be given:
(1) in the same manner as a summons and complaint are servedunder Rule 4.1 of the Indiana Rules of Trial Procedure if theperson's name and address are known; or
(2) in the same manner as a summons is served by publicationunder Rule 4.13 of the Indiana Rules of Trial Procedure if thename or address of the person is not known;
to a petitioner for adoption.
As added by P.L.61-2003, SEC.10. Amended by P.L.146-2007,SEC.8.
IC 31-19-4.5-3
Form of adoption notice
Sec. 3. Notice of the adoption proceeding shall be given to aperson entitled to notice under section 2 of this chapter insubstantially the following form:
"NOTICE OF ADOPTION
________ (person's name) is notified that a petition for adoptionof a child, named __________ (child's name, if named), born to__________ (mother's name) on __________ (date) was filed in theoffice of the clerk of __________ court, __________ (address of thecourt). The petition for adoption alleges that the consent to adoptionof __________ (person's name) is not required because_________________________ (provide a brief description of thereason(s) the consent is not required).
If __________ (person's name) seeks to contest the adoption ofthe child, __________ (person's name) must file a motion to contestthe adoption in accordance with IC 31-19-10-1 in the above namedcourt not later than thirty (30) days after the date of service of thisnotice.
If __________ (person's name) does not file a motion to contest
the adoption within thirty (30) days after service of this notice theabove named court will hear and determine the petition for adoption.The consent to adoption of __________ (person's name) will beirrevocably implied and __________ (person's name) will lose theright to contest either the adoption or the validity of __________'s(person's name) implied consent to the adoption.
No oral statement made to __________ (person's name) relieves__________ (person's name) of __________'s (person's name)obligations under this notice.
This notice complies with IC 31-19-4.5-3 but does notexhaustively set forth a person's legal obligations under the Indianaadoption statutes. A person being served with this notice shouldconsult the Indiana adoption statutes.".
As added by P.L.61-2003, SEC.10.
IC 31-19-4.5-4
Waiver of notice
Sec. 4. (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 challenge orcontest an adoption of the child.
As added by P.L.61-2003, SEC.10. Amended by P.L.130-2005,SEC.3.
IC 31-19-4.5-5
Content of notice
Sec. 5. The description in the notice under section 3 of thischapter of the reasons consent to adoption is not required need onlyinclude enough information to put a reasonable person on notice thata petition for adoption that alleges the person's consent to adoptionis unnecessary is pending. The description does not require anexhaustive description of the reasons the person's consent to adoptionis not required.
As added by P.L.61-2003, SEC.10.