CHAPTER 5. PUTATIVE FATHER REGISTRY
IC 31-19-5
Chapter 5. Putative Father Registry
IC 31-19-5-1
Application of chapter
Sec. 1. (a) This chapter applies to a putative father whenever:
(1) an adoption under IC 31-19-2 has been or may be filedregarding a child who may have been conceived by the putativefather; and
(2) on or before the date the child's mother executes a consentto the child's adoption, the child's mother has not disclosed thename or address, or both, of the putative father to the attorneyor agency that is arranging the child's adoption.
(b) This chapter does not apply if, on or before the date the child'smother executes a consent to the child's adoption, the child's motherdiscloses the name and address of the putative father to the attorneyor agency that is arranging the child's adoption.
As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.11;P.L.21-2010, SEC.4.
IC 31-19-5-2
Establishment of registry; rules
Sec. 2. The putative father registry is established within the statedepartment of health. The state department shall adopt rules underIC 4-22-2 to administer the registry.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-3
Purpose of registry
Sec. 3. The registry's purpose is to determine the name andaddress of a father:
(1) whose name and address have not been disclosed by themother of the child, on or before the date the mother executesa consent to the child's adoption, to:
(A) an attorney; or
(B) an agency;
that is arranging the adoption of the child; and
(2) who may have conceived a child for whom a petition foradoption has been or may be filed;
so that notice of the adoption may be provided to the putative father.
As added by P.L.1-1997, SEC.11. Amended by P.L.1-2010, SEC.121.
IC 31-19-5-4
Notice rights of registered persons
Sec. 4. A putative father of a child who registers in accordancewith this chapter (or IC 31-3-1.5 before its repeal) is entitled tonotice of the child's adoption under Rule 4.1 of the Indiana Rules ofTrial Procedure.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-5
Necessity of registration as requisite to notice rights
Sec. 5. If, on or before the date the mother of a child executes aconsent to the child's adoption, the mother does not disclose to anattorney or agency that:
(1) is arranging; or
(2) may arrange;
an adoption of the child the name or address, or both, of the putativefather of the child, the putative father must register under this chapterto entitle the putative father to notice of the child's adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-6
Rights of presumptive fathers
Sec. 6. (a) This chapter does not relieve a man who is presumedto be a father under 31-14-7-2 from the obligation of registering inaccordance with this chapter to be entitled to notice of an adoptionof a child for whom the man may be the presumed father.
(b) The filing of a paternity action by a putative father does notrelieve the putative father from the:
(1) obligation of registering; or
(2) consequences of failing to register;
in accordance with this chapter unless paternity has been establishedbefore the filing of the petition for adoption of the child.
As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.12.
IC 31-19-5-7
Information maintained in registry; father's agent for notice
Sec. 7. (a) The state department of health shall maintain thefollowing information in the registry:
(1) The putative father's:
(A) name;
(B) address at which the putative father may be served withnotice of an adoption under Rule 4.1 of the Indiana Rules ofTrial Procedure;
(C) Social Security number; and
(D) date of birth.
(2) The mother's:
(A) name, including all other names known to the putativefather that the mother uses, if known;
(B) address, if known;
(C) Social Security number, if known; and
(D) date of birth, if known.
(3) The child's:
(A) name, if known; and
(B) place of birth, if known.
(4) The date that the state department of health receives aputative father's registration.
(5) The:
(A) name of an attorney or agency that requests the state
department to search the registry under section 15 of thischapter to determine whether a putative father is registeredin relation to a mother whose child is or may be the subjectof an adoption; and
(B) date that the attorney or agency submits a request asprovided under this subdivision.
(6) Any notice of a filing of a petition to establish paternity asdescribed in IC 31-14-9-0.5.
(7) Any other information that the state department determinesis necessary to access the information in the registry.
(b) If a putative father does not have an address where the putativefather is able to be served with notice of an adoption, the putativefather may designate another person as an agent for the purpose ofbeing served with notice of adoption. The putative father mustprovide the department with the agent's name and the address atwhich the agent may be served. Service of notice upon the agentunder Rule 4.1 of the Indiana Rules of Trial Procedure constitutesservice of notice upon the putative father. If notice of an adoptionmay not be served on the agent under Rule 4.1 of the Indiana Rulesof Trial Procedure as provided by this subsection, further notice ofthe adoption to the agent or to the putative father is not necessary.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,SEC.16; P.L.58-2009, SEC.13.
IC 31-19-5-8
Registry data access points
Sec. 8. The state department of health shall store the registry'sdata to make the data accessible under the following:
(1) The putative father's name.
(2) The mother's name.
(3) The child's name, if known.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-9
Information supplied
Sec. 9. (a) A putative father who registers under this chapter shallprovide to the state department of health the following:
(1) The putative father's:
(A) name;
(B) address at which the putative father may be served withnotice of an adoption under Rule 4.1 of the Indiana Rules ofTrial Procedure;
(C) Social Security number; and
(D) date of birth.
(2) The mother's name, including all other names known to theputative father that the mother uses.
(3) Any other information described under section 7 of thischapter that is known to the putative father.
(b) A clerk of the court shall provide to the state department ofhealth the notice required to be prepared under IC 31-14-9-0.5.As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.14.
IC 31-19-5-10
Registration form
Sec. 10. A putative father shall register under this chapter on aregistration form prescribed by the state department of health. Theregistration form must be signed by the putative father and notarized.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-11
Verification; amendment of information
Sec. 11. A putative father who registers under this chapter isresponsible for:
(1) verifying with the state department of health the accuracy ofthe registration; and
(2) submitting to the state department of health an amendedregistration each time the information supplied by the putativefather changes;
during the period specified by section 12 of this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-12
Time of registration
Sec. 12. (a) To be entitled to notice of an adoption underIC 31-19-3 or IC 31-19-4, a putative father must register with thestate department of health under section 5 of this chapter not laterthan:
(1) thirty (30) days after the child's birth; or
(2) the earlier of the date of the filing of a petition for the:
(A) child's adoption; or
(B) termination of the parent-child relationship between thechild and the child's mother;
whichever occurs later.
(b) A putative father may register under subsection (a) before thechild's birth.
As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.9.
IC 31-19-5-13
Availability of registration forms
Sec. 13. The state department of health shall:
(1) prescribe a registration form for the information that aputative father submits under section 9 of this chapter; and
(2) make the registration forms available through:
(A) the state department;
(B) each clerk of a circuit court; and
(C) each local health department.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-14
Public notice of purpose and operation of registry Sec. 14. (a) Each:
(1) clerk of a circuit court;
(2) branch office of the bureau of motor vehicles;
(3) hospital; and
(4) local health department;
shall post in a conspicuous place a notice that informs the publicabout the purpose and operation of the registry.
(b) The notice under subsection (a) must include informationregarding the following:
(1) Where to obtain a registration form.
(2) Where to register.
(3) The circumstances under which a putative father is requiredto register.
(4) When under section 12 of this chapter a putative father isrequired to register to entitle the putative father to notice of anadoption.
(5) The consequences of not submitting a timely registration.
(c) Failure to post a proper notice under this section does notrelieve a putative father of the obligation to register with the statedepartment of health in accordance with this chapter to entitle theputative father to notice of the adoption of a child who may havebeen conceived by the putative father.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-15
Requests for search of registry by persons arranging adoption
Sec. 15. (a) An attorney or agency that arranges an adoption ormay arrange an adoption may at any time request that the statedepartment of health search the registry to determine whether aputative father:
(1) is registered in relation to a mother whose child is or may bethe subject of an adoption; or
(2) has filed a petition to establish paternity.
(b) Whenever a petition for adoption is filed, the attorney oragency that arranges the adoption shall:
(1) request that the state department of health search the registryunder this section at least one (1) day after the expiration of theperiod specified by section 12 of this chapter; and
(2) file an affidavit prepared by the state department of healthunder section 16 of this chapter in response to a request undersubdivision (1) with the court presiding over the adoption underthis article.
As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.15;P.L.1-2010, SEC.122.
IC 31-19-5-16
Affidavit of registry search; copy of notice of filing of petition toestablish paternity
Sec. 16. (a) Not later than five (5) days after receiving a requestunder section 15 of this chapter, the state department of health shall
submit an affidavit to the attorney or agency verifying whether aputative father:
(1) is registered within the period specified by section 12 of thischapter in relation to a mother whose child is the subject of theadoption that the attorney or agency is arranging; or
(2) has filed a petition to establish paternity.
(b) Whenever the state department of health finds that one (1) ormore putative fathers are registered, the state department shall:
(1) submit a copy of each registration form with the statedepartment's affidavit; and
(2) include in the affidavit the date that the attorney or agencysubmits the request for a search that relates to the affidavit.
(c) Whenever the state department of health finds that one (1) ormore putative fathers have filed a petition to establish paternity, thestate department of health shall:
(1) submit a copy of each notice prepared by the clerk of thecourt under IC 31-14-9-0.5 with the state department of health'saffidavit; and
(2) include in the affidavit the date the attorney or agencysubmitted the request for the search that relates to the affidavit.
(d) A court may not grant an adoption unless the statedepartment's affidavit under this section is filed with the court asprovided under IC 31-19-11-1(a)(4).
As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.16;P.L.1-2010, SEC.123.
IC 31-19-5-17
Departmental responsibilities upon request for registry search
Sec. 17. Whenever the state department of health receives arequest under section 15 of this chapter, the state department shall:
(1) search the state department's records of paternitydeterminations and notices of filings of petitions to establishpaternity filed under IC 31-14-9-2; and
(2) notify the attorney or agency, in compliance withIC 31-19-6, as to whether a record of a paternity determinationor a notice of a filing of a petition to establish paternity hasbeen filed concerning a child who is or may be the subject of anadoption that the attorney or agency is arranging.
As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.17.
IC 31-19-5-18
Waiver of notice rights of unregistered putative fathers;irrevocably implied consent to adoption
Sec. 18. A putative father who fails to register within the periodspecified by section 12 of this chapter waives notice of an adoptionproceeding. The putative father's waiver under this sectionconstitutes an irrevocably implied consent to the child's adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-19 Revocation of registration
Sec. 19. A putative father may revoke a registration at any time bysubmitting a signed, notarized statement revoking the registration.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-20
Methods of submitting registration
Sec. 20. A putative father must submit a registration under thischapter:
(1) in person; or
(2) by:
(A) facsimile transmission;
(B) mail;
(C) private courier; or
(D) express delivery service.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-21
Request for certified copy of registration or for information;request for copy of notice of filing of petition to establish paternity;persons qualified to apply
Sec. 21. (a) Subject to subsection (b), upon written request by:
(1) a putative father;
(2) a mother;
(3) a child;
(4) any party or attorney of record in a pending adoption;
(5) an attorney who represents:
(A) prospective adoptive parents;
(B) petitioners in an adoption;
(C) a mother;
(D) a putative father; or
(E) a licensed child placing agency;
(6) a licensed child placing agency that represents:
(A) prospective adoptive parents;
(B) petitioners in an adoption;
(C) a mother; or
(D) a putative father; or
(7) a court that presides over a pending adoption;
the state department of health shall furnish a certified copy of aputative father's registration form and a copy of any notice of a filingof a petition to establish paternity prepared under IC 31-14-9-0.5.
(b) The state department may release the certified copy of theregistration form to a person under subsection (a)(1) through (a)(3)only if the information contained in the registration form names therequesting person.
(c) A person listed under subsection (a), who requests informationabout a registration from the state department, must do the following:
(1) Submit the request in writing.
(2) Under the penalties of perjury, state that the requestingperson is entitled to receive the information under this chapter. (3) Submit the request in a manner described by section 20(1)or 20(2) of this chapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.18.
IC 31-19-5-22
Timeliness of responses to requests; fees
Sec. 22. (a) Except as provided in section 16 of this chapter, thestate department of health shall immediately respond to requestsregarding registrations under this chapter:
(1) in writing; and
(2) in a manner described by section 20 of this chapter.
(b) The state department may charge a fee for responding to arequest under this section, unless the state department mails thedepartment's response.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-23
Confidentiality of registry information
Sec. 23. Except as otherwise provided in this chapter, informationcontained within the registry is confidential.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-24
Registering false information
Sec. 24. A person who knowingly or intentionally registers falseinformation under this chapter commits a Class A misdemeanor.
As added by P.L.1-1997, SEC.11.
IC 31-19-5-25
Release or request for confidential information
Sec. 25. (a) A person who knowingly or intentionally releases orrequests confidential information in violation of this chapter commitsa Class A misdemeanor.
(b) It is a defense under this section if the state registrar releasesconfidential information while acting:
(1) in good faith; and
(2) with reasonable diligence.
As added by P.L.1-1997, SEC.11.