CHAPTER 9. CONSENT TO ADOPTION
IC 31-19-9
Chapter 9. Consent to Adoption
IC 31-19-9-1
Consents required
Sec. 1. (a) Except as otherwise provided in this chapter, a petitionto adopt a child who is less than eighteen (18) years of age may begranted only if written consent to adoption has been executed by thefollowing:
(1) Each living parent of a child born in wedlock, including aman who is presumed to be the child's biological father underIC 31-14-7-1(1) if the man is the biological or adoptive parentof the child.
(2) The mother of a child born out of wedlock and the father ofa child whose paternity has been established by:
(A) a court proceeding other than the adoption proceeding,except as provided in IC 31-14-20-2; or
(B) a paternity affidavit executed under IC 16-37-2-2.1;
unless the putative father gives implied consent to the adoptionunder section 15 of this chapter.
(3) Each person, agency, or county office of family and childrenhaving lawful custody of the child whose adoption is beingsought.
(4) The court having jurisdiction of the custody of the child ifthe legal guardian or custodian of the person of the child is notempowered to consent to the adoption.
(5) The child to be adopted if the child is more than fourteen(14) years of age.
(6) The spouse of the child to be adopted if the child is married.
(b) A parent who is less than eighteen (18) years of age mayconsent to an adoption without the concurrence of:
(1) the individual's parent or parents; or
(2) the guardian of the individual's person;
unless the court, in the court's discretion, determines that it is in thebest interest of the child to be adopted to require the concurrence.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,SEC.17; P.L.58-2009, SEC.22.
IC 31-19-9-2
Execution of consent; timing; restrictions
Sec. 2. (a) The consent to adoption may be executed at any timeafter the birth of the child, either in the presence of:
(1) the court;
(2) a notary public or other person authorized to takeacknowledgments; or
(3) an authorized agent of:
(A) the department;
(B) a county office of family and children; or
(C) a licensed child placing agency.
(b) The child's mother may not execute a consent to adoption
before the birth of the child.
(c) The child's father may execute a consent to adoption before thebirth of the child if the consent to adoption:
(1) is in writing;
(2) is signed by the child's father in the presence of a notarypublic; and
(3) contains an acknowledgment that:
(A) the consent to adoption is irrevocable; and
(B) the child's father will not receive notice of the adoptionproceedings.
(d) A child's father who consents to the adoption of the childunder subsection (c) may not challenge or contest the child'sadoption.
(e) A person who executes a written consent to the adoption of achild may not execute a second or subsequent written consent to haveanother person adopt the child unless one (1) or more of thefollowing apply:
(1) Each original petitioner provides a written statement that thepetitioner is not adopting the child.
(2) The person consenting to the adoption has been permitted towithdraw the first consent to adoption under IC 31-19-10.
(3) The court dismisses the petition for adoption filed by theoriginal petitioner or petitioners for adoption based upon ashowing, by clear and convincing evidence, that it is not in thebest interests of the child that the petition for adoption begranted.
(4) The court denies the petition to adopt the child filed by theoriginal petitioner or petitioners for adoption.
As added by P.L.1-1997, SEC.11. Amended by P.L.130-2005, SEC.4;P.L.145-2006, SEC.251; P.L.21-2010, SEC.5.
IC 31-19-9-3
Validity of consent not identifying petitioner for adoption; consentto substituting petitioners
Sec. 3. (a) A consent to adoption that does not name or otherwiseidentify a petitioner for adoption is valid if the consent to adoptioncontains a statement, by the person consenting to adoption, that theperson consenting to adoption voluntarily executed the consent toadoption without disclosure of the name or other identification of thepetitioner for adoption.
(b) A petitioner may be substituted under IC 31-19-2-2 if:
(1) the consent to adoption executed by a child's mothercontains a statement, by the mother consenting to adoption, thatthe mother voluntarily agrees that a petitioner for the adoptionmay be substituted without additional consent from the mother;or
(2) the mother executes a written consent to the substitution ofa petitioner for the adoption.
The mother's consent under this subsection is not conditionalregardless of whether the mother consents or does not consent to the
substitution of petitioners under this subsection.
As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007,SEC.10.
IC 31-19-9-4
Forms
Sec. 4. The department may furnish to the clerks of courtsprescribed forms for use by parents or other persons when givingconsent to adoption.
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,SEC.252.
IC 31-19-9-5
Filing of copies
Sec. 5. Copies of a signed consent to adoption shall be filed withthe investigating agency and the clerk of the court in which thepetition for adoption is pending.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-6
Information and forms provided to birth parents
Sec. 6. The individual who or agency that arranges for the signingof a consent to adoption shall provide each birth parent whoseconsent to adoption is obtained under this chapter with the following:
(1) An explanation concerning the:
(A) availability of adoption history information underIC 31-19-17 through IC 31-19-25; and
(B) birth parent's option to file a nonrelease form with thestate registrar if the birth parent seeks to restrict the releaseof identifying information.
(2) A nonrelease form prescribed by the state registrar underIC 31-19-25-4.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-7
Nonrelease forms
Sec. 7. Upon request, the state registrar shall provide an individualor agency with a nonrelease form required by section 6(2) of thischapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-8
Consent to adoption not required; written denial of paternityprecludes challenge to adoption
Sec. 8. (a) Consent to adoption, which may be required undersection 1 of this chapter, is not required from any of the following:
(1) A parent or parents if the child is adjudged to have beenabandoned or deserted for at least six (6) months immediatelypreceding the date of the filing of the petition for adoption.
(2) A parent of a child in the custody of another person if for a
period of at least one (1) year the parent:
(A) fails without justifiable cause to communicatesignificantly with the child when able to do so; or
(B) knowingly fails to provide for the care and support of thechild when able to do so as required by law or judicialdecree.
(3) The biological father of a child born out of wedlock whosepaternity has not been established:
(A) by a court proceeding other than the adoptionproceeding; or
(B) by executing a paternity affidavit under IC 16-37-2-2.1.
(4) The biological father of a child born out of wedlock whowas conceived as a result of:
(A) a rape for which the father was convicted underIC 35-42-4-1;
(B) child molesting (IC 35-42-4-3);
(C) sexual misconduct with a minor (IC 35-42-4-9); or
(D) incest (IC 35-46-1-3).
(5) The putative father of a child born out of wedlock if theputative father's consent to adoption is irrevocably impliedunder section 15 of this chapter.
(6) The biological father of a child born out of wedlock if the:
(A) father's paternity is established after the filing of apetition for adoption in a court proceeding or by executinga paternity affidavit under IC 16-37-2-2.1; and
(B) father is required to but does not register with theputative father registry established by IC 31-19-5 within theperiod required by IC 31-19-5-12.
(7) A parent who has relinquished the parent's right to consentto adoption as provided in this chapter.
(8) A parent after the parent-child relationship has beenterminated under IC 31-35 (or IC 31-6-5 before its repeal).
(9) A parent judicially declared incompetent or mentallydefective if the court dispenses with the parent's consent toadoption.
(10) A legal guardian or lawful custodian of the person to beadopted who has failed to consent to the adoption for reasonsfound by the court not to be in the best interests of the child.
(11) A parent if:
(A) a petitioner for adoption proves by clear and convincingevidence that the parent is unfit to be a parent; and
(B) the best interests of the child sought to be adopted wouldbe served if the court dispensed with the parent's consent.
(12) A child's biological father who denies paternity of the childbefore or after the birth of the child if the denial of paternity:
(A) is in writing;
(B) is signed by the child's father in the presence of a notarypublic; and
(C) contains an acknowledgment that:
(i) the denial of paternity is irrevocable; and (ii) the child's father will not receive notice of adoptionproceedings.
A child's father who denies paternity of the child under thissubdivision may not challenge or contest the child's adoption.
(b) If a parent has made only token efforts to support or tocommunicate with the child the court may declare the childabandoned by the parent.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,SEC.18; P.L.61-2003, SEC.11; P.L.130-2005, SEC.5.
IC 31-19-9-9
Parent's crime against child's other parent; effect on consentrequirement
Sec. 9. A court shall determine that consent to adoption is notrequired from a parent if the:
(1) parent is convicted of and incarcerated at the time of thefiling of a petition for adoption for:
(A) murder (IC 35-42-1-1);
(B) causing suicide (IC 35-42-1-2);
(C) voluntary manslaughter (IC 35-42-1-3);
(D) an attempt under IC 35-41-5-1 to commit a crimedescribed in clauses (A) through (C); or
(E) a crime in another state that is substantially similar to acrime described in clauses (A) through (D);
(2) victim of the crime is the child's other parent; and
(3) court determines, after notice to the convicted parent and ahearing, that dispensing with the parent's consent to adoption isin the child's best interests.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-10
Parent's crime against child or child's sibling; effect on consentrequirement
Sec. 10. A court shall determine that consent to adoption is notrequired from a parent if:
(1) the parent is convicted of and incarcerated at the time of thefiling of a petition for adoption for:
(A) murder (IC 35-42-1-1);
(B) causing suicide (IC 35-42-1-2);
(C) voluntary manslaughter (IC 35-42-1-3);
(D) rape (IC 35-42-4-1);
(E) criminal deviate conduct (IC 35-42-4-2);
(F) child molesting as a Class A or Class B felony (IC35-42-4-3);
(G) incest as a Class B felony (IC 35-46-1-3);
(H) neglect of a dependent as a Class B felony (IC35-46-1-4);
(I) battery of a child as a Class C felony (IC35-42-2-1(a)(3));
(J) battery as a Class A felony (IC 35-42-2-1(a)(5)) or Class
B felony (IC 35-42-2-1(a)(4)); or
(K) an attempt under IC 35-41-5-1 to commit an offensedescribed in clauses (A) through (J);
(2) the child or the child's sibling, half-blood sibling, orstep-sibling of the parent's current marriage is the victim of theoffense; and
(3) after notice to the parent and a hearing, the court determinesthat dispensing with the parent's consent to adoption is in thechild's best interests.
As added by P.L.1-1997, SEC.11. Amended by P.L.222-2001, SEC.1.
IC 31-19-9-11
Reserved
IC 31-19-9-12
When consent of putative father irrevocably implied
Sec. 12. A putative father's consent to adoption is irrevocablyimplied without further court action if the putative father:
(1) fails to file a motion to contest the adoption in accordancewith IC 31-19-10 within thirty (30) days after service of noticeunder IC 31-19-4 in the court in which the adoption is pending;
(2) having filed a motion to contest the adoption in accordancewith IC 31-19-10, fails to appear at the hearing set to contest theadoption;
(3) having filed a paternity action under IC 31-14, fails toestablish paternity in the action; or
(4) is required to but fails to register with the putative fatherregistry established by IC 31-19-5 within the period underIC 31-19-5-12.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,SEC.19; P.L.200-1999, SEC.20; P.L.21-2010, SEC.6.
IC 31-19-9-13
Challenge of adoption or validity of implied consent by putativefather; when precluded
Sec. 13. A putative father whose consent to adoption is impliedunder this chapter or IC 31-19-5-18 is not entitled to challenge:
(1) the adoption; or
(2) the validity of the putative father's implied consent to theadoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-14
Establishment of paternity by putative father; when precluded
Sec. 14. A putative father whose consent to adoption of a child isimplied under this chapter or IC 31-19-5-18 is not entitled toestablish paternity under IC 31-14.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-15 When consent of putative father irrevocably implied; additionalcircumstances
Sec. 15. (a) The putative father's consent to adoption of the childis irrevocably implied without further court action if the father:
(1) fails to file a paternity action:
(A) under IC 31-14; or
(B) in a court located in another state that is competent toobtain jurisdiction over the paternity action;
not more than thirty (30) days after receiving actual noticeunder IC 31-19-3 of the mother's intent to proceed with anadoptive placement of the child, regardless of whether the childis born before or after the expiration of the thirty (30) dayperiod; or
(2) files a paternity action:
(A) under IC 31-14; or
(B) in a court located in another state that is competent toobtain jurisdiction over the paternity action;
during the thirty (30) day period prescribed by subdivision (1)and fails to establish paternity in the paternity proceeding underIC 31-14 or the laws applicable to a court of another state whenthe court obtains jurisdiction over the paternity action.
(b) This section does not prohibit a putative father who meets therequirements of section 17(b) of this chapter from establishingpaternity of the child.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999,SEC.21.
IC 31-19-9-16
Challenge of adoption or validity of irrevocably implied consent byputative father; when precluded
Sec. 16. A putative father whose consent to adoption isirrevocably implied under section 15 of this chapter is not entitled tocontest:
(1) the adoption; or
(2) the validity of the putative father's implied consent to theadoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-9-17
Establishment of paternity by putative father; restrictions
Sec. 17. (a) A putative father whose consent to an adoption isimplied under section 15 of this chapter is not entitled to establishpaternity of the child:
(1) in a court proceeding under IC 31-14; or
(2) by executing a paternity affidavit under IC 16-37-2-2.1.
(b) Notwithstanding subsection (a), a putative father who is barredfrom establishing paternity of the child under subsection (a) mayestablish paternity of the child in a court proceeding under IC 31-14if:
(1) the putative father submits, together with the petition to
establish paternity, an affidavit prepared by the:
(A) licensed child placing agency; or
(B) attorney;
that served notice or caused notice to be served upon theputative father under IC 31-19-3-1 stating that neither a petitionfor adoption nor a placement of the child in a proposed adoptivehome is pending; and
(2) the court finds on the record, based on all the informationavailable to the court, including an affidavit described undersubdivision (1), that neither a:
(A) petition for adoption; nor
(B) placement of the child in a prospective adoptive home;
is pending.
The requirements of this subsection are jurisdictional and must bestrictly adhered to by the putative father and the court.
(c) An individual who is otherwise barred from establishingpaternity under this article may establish paternity in relation to achild if an adoption for the child is not pending or contemplated. Apetition for adoption that is not filed or a petition for adoption thatis dismissed is not a basis for enabling an individual to establishpaternity under this section unless the requirements of subsection (b)are satisfied.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999,SEC.22; P.L.61-2003, SEC.12.
IC 31-19-9-18
When implied consent to adoption irrevocable
Sec. 18. (a) The consent of a person who is served with noticeunder IC 31-19-4.5 to adoption is irrevocably implied without furthercourt action if the person:
(1) fails to file a motion to contest the adoption as requiredunder IC 31-19-10 not later than thirty (30) days after service ofnotice under IC 31-19-4.5; or
(2) files a motion to contest the adoption as required underIC 31-19-10 but fails to:
(A) appear at the hearing to contest the adoption; and
(B) prosecute the motion to contest without unreasonabledelay.
(b) A court shall dismiss a motion to contest an adoption filedunder subsection (a)(2) with prejudice and the person's consent to theadoption shall be irrevocably implied if the court finds that theperson who filed the motion to contest is failing to prosecute themotion without unreasonable delay.
As added by P.L.61-2003, SEC.13.
IC 31-19-9-19
Implied consent to adoption bar to adoption challenge
Sec. 19. A person whose consent to adoption is irrevocablyimplied under section 18 of this chapter may not contest the adoptionor the validity of the person's implied consent to the adoption.As added by P.L.61-2003, SEC.14.