CHAPTER 1. VOLUNTARY TERMINATION OF PARENT-CHILD RELATIONSHIP BY PARENTS
IC 31-35
ARTICLE 35. JUVENILE LAW: TERMINATION OFPARENT-CHILD RELATIONSHIP
IC 31-35-1
Chapter 1. Voluntary Termination of Parent-Child Relationshipby Parents
IC 31-35-1-1
Application of chapter
Sec. 1. This chapter applies to the voluntary termination of theparent-child relationship by parents.
As added by P.L.1-1997, SEC.18.
IC 31-35-1-2
Law governing proceedings
Sec. 2. Proceedings under this chapter are governed by theprocedures prescribed by:
(1) IC 31-32-1, IC 31-32-4 through IC 31-32-10, andIC 31-32-12 through IC 31-32-15;
(2) IC 31-34; and
(3) IC 31-37;
but are distinct from proceedings under IC 31-34 and IC 31-37.
As added by P.L.1-1997, SEC.18.
IC 31-35-1-3
Jurisdiction
Sec. 3. The probate court has concurrent original jurisdiction withthe juvenile court in proceedings on a petition filed under thischapter for the voluntary termination of the parent-child relationship.
As added by P.L.1-1997, SEC.18.
IC 31-35-1-4
Petition; verification and contents
Sec. 4. (a) If requested by the parents:
(1) the county office of family and children; or
(2) a licensed child placing agency;
may sign and file a verified petition with the juvenile or probatecourt for the voluntary termination of the parent-child relationship.
(b) The petition must:
(1) be entitled "In the Matter of the Termination of theParent-Child Relationship of ______________, a child, and_____________, the child's parent (or parents)"; and
(2) allege that:
(A) the parents are the child's natural or adoptive parents;
(B) the parents, including the alleged or adjudicated fatherif the child was born out of wedlock:
(i) knowingly and voluntarily consent to the termination ofthe parent-child relationship; or
(ii) are not required to consent to the termination of the
parent-child relationship under section 6(c) of this chapter;
(C) termination is in the child's best interest; and
(D) the petitioner has developed a satisfactory plan of careand treatment for the child.
As added by P.L.1-1997, SEC.18. Amended by P.L.200-1999,SEC.25; P.L.146-2007, SEC.12.
IC 31-35-1-4.5
Putative father's consent to termination irrevocably implied
Sec. 4.5. The putative father's consent to the termination of theparent-child relationship is irrevocably implied without further courtaction if the father:
(1) fails to file a paternity action under IC 31-14 or in a courtlocated in another state that is competent to obtain jurisdictionover the paternity action, not more than thirty (30) days afterreceiving actual notice under IC 31-19-3 of the mother's intentto proceed with an adoptive placement of the child, regardlessof whether:
(A) the child is born before or after the expiration of thethirty (30) day period; or
(B) a petition for adoption or for the termination of theparent-child relationship is filed; 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 proceedingwithin a reasonable period determined under IC 31-14-21-9through IC 31-14-21-9.2 or the laws applicable to a court ofanother state when the court obtains jurisdiction over thepaternity action.
As added by P.L.200-1999, SEC.26. Amended by P.L.1-2010,SEC.126.
IC 31-35-1-5
Notice of hearing; waiver
Sec. 5. (a) Except as provided in subsection (b), the parents shallbe notified of the hearing in accordance with IC 31-32-9.
(b) A parent who has made a valid consent to the termination ofa parent-child relationship may waive the notice required bysubsection (a) if the waiver:
(1) is in writing either:
(A) in the parent's consent to terminate the parent-childrelationship; or
(B) in a separate document;
(2) is signed by the parent in the presence of a notary public;and
(3) contains an acknowledgment that:
(A) the waiver is irrevocable; and (B) the parent will not receive notice of:
(i) adoption; or
(ii) termination of parent-child relationship;
proceedings.
As added by P.L.1-1997, SEC.18. Amended by P.L.146-2007,SEC.13.
IC 31-35-1-6
Consent; written denial of paternity or consent to termination ofrelationship before birth of child bars challenge to adoptions ortermination of parental rights
Sec. 6. (a) Except as provided in subsection (c), the parents mustgive their consent in open court unless the court makes findings offact upon the record that:
(1) the parents gave their consent in writing before a personauthorized by law to take acknowledgments; and
(2) the parents were:
(A) advised in accordance with section 12 of this chapter;and
(B) advised that if they choose to appear in open court, theonly issue before the court is whether their consent wasvoluntary.
(b) If:
(1) the court finds the conditions under subsection (a)(1) and(a)(2) have been met; and
(2) a parent appears in open court;
a court may consider only the issue of whether the parent's consentwas voluntary.
(c) The consent of a parent to the termination of the parent-childrelationship under this chapter is not required if:
(1) consent to the termination of the parent-child relationship isimplied under section 4.5 of this chapter, if the parent is theputative father;
(2) the parent's consent to the adoption of the child would notbe required under:
(A) IC 31-19-9-8;
(B) IC 31-19-9-9; or
(C) IC 31-19-9-10;
(3) the child's biological father 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 adoption ortermination of parent-child relationship proceedings; or
(4) the child's biological father consents to the termination ofthe parent-child relationship before the birth of the child if theconsent: (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 consent to the termination of the parent-childrelationship is irrevocable; and
(ii) the child's father will not receive notice of adoption ortermination of parent-child relationship proceedings.
A child's father who denies paternity of the child under subdivision(3) or consents to the termination of the parent-child relationshipunder subdivision (4) may not challenge or contest the child'sadoption or termination of the parent-child relationship.
(d) A child's mother may not consent to the termination of theparent-child relationship before the birth of the child.
As added by P.L.1-1997, SEC.18. Amended by P.L.200-1999,SEC.27; P.L.130-2005, SEC.12; P.L.146-2007, SEC.14;P.L.58-2009, SEC.31.
IC 31-35-1-7
Inquiry on parents' absence; investigation of fraud, duress, andcompetency to consent; order for child's care pending outcome ofcase
Sec. 7. (a) Before the court may enter a termination order, thecourt:
(1) must inquire about the reasons for the parents' absence; and
(2) may require an investigation by a probation officer to:
(A) determine whether there is any evidence of fraud orduress; and
(B) establish that the parents were competent to give theirconsent.
(b) An investigation conducted under subsection (a) must beentered on the record under oath by the person responsible formaking the investigation.
(c) If there is any competent evidence of probative value that:
(1) fraud or duress was present when the written consent wasgiven; or
(2) a parent was incompetent;
the court shall dismiss the petition or continue the proceeding.
(d) The court may issue any appropriate order for the care of thechild pending the outcome of the case.
As added by P.L.1-1997, SEC.18.
IC 31-35-1-8
Advice to parents
Sec. 8. Before consent may be given in court, the court mustadvise the parents of:
(1) their constitutional and other legal rights; and
(2) the consequences of their actions under section 12 of thischapter.
As added by P.L.1-1997, SEC.18.
IC 31-35-1-9
Consent by incompetent or minor parent
Sec. 9. (a) Except as provided in subsection (b), a parent who isincompetent may give consent to termination only with the approvalof the court or of the parent's guardian.
(b) A person who is less than eighteen (18) years of age and whois a parent may give the person's consent without the approval of thecourt or of the parent's guardian if the person is competent except forthe person's age.
As added by P.L.1-1997, SEC.18.
IC 31-35-1-10
Determination
Sec. 10. (a) If:
(1) the court determines that the allegations in the petitiondescribed in section 4 of this chapter are true; and
(2) the other requirements of this article are met;
the court shall terminate the parent-child relationship.
(b) Except as provided in section 11 of this chapter, if therequirements of subsection (a)(1) or (a)(2) are not met, the courtshall dismiss the petition.
As added by P.L.1-1997, SEC.18.
IC 31-35-1-11
Default judgment; waiver of notice
Sec. 11. (a) If the court makes findings of fact upon the recordthat:
(1) one (1) parent has made a valid consent to the terminationof the parent-child relationship;
(2) the other parent:
(A) is required under this chapter to consent to thetermination of the parent-child relationship;
(B) cannot be located, after a good faith effort has beenmade to do so, or has been located but fails to appear at thetermination hearing; and
(C) has been served with notice of the hearing in the mosteffective means under the circumstances; and
(3) the investigation that may be required by section 7 of thischapter has been completed and entered on the record;
the court may enter a default judgment against the unavailable parentand terminate as to both parents.
(b) A parent may waive the notice required by subsection(a)(2)(C) if the waiver:
(1) is in writing;
(2) is signed by the parent in the presence of a notary public;and
(3) contains an acknowledgment that:
(A) the waiver is irrevocable; and
(B) the parent will not receive notice of:
(i) adoption; or (ii) termination of parent-child relationship;
proceedings.
(c) A parent who waives notice under subsection (b) may notchallenge or contest:
(1) the termination of the parent-child relationship; or
(2) the child's adoption.
As added by P.L.1-1997, SEC.18. Amended by P.L.200-1999,SEC.28; P.L.130-2005, SEC.13.
IC 31-35-1-12
Contents of advice to parents
Sec. 12. For purposes of sections 6 and 8 of this chapter, theparents must be advised that:
(1) their consent is permanent and cannot be revoked or setaside unless it was obtained by fraud or duress or unless theparent is incompetent;
(2) when the court terminates the parent-child relationship:
(A) all rights, powers, privileges, immunities, duties, andobligations, including any rights to custody, control,parenting time, or support pertaining to the relationship, arepermanently terminated; and
(B) their consent to the child's adoption is not required;
(3) the parents have a right to the:
(A) care;
(B) custody; and
(C) control;
of their child as long as the parents fulfill their parentalobligations;
(4) the parents have a right to a judicial determination of anyalleged failure to fulfill their parental obligations in aproceeding to adjudicate their child a delinquent child or a childin need of services;
(5) the parents have a right to assistance in fulfilling theirparental obligations after a court has determined that the parentsare not doing so;
(6) proceedings to terminate the parent-child relationshipagainst the will of the parents can be initiated only after:
(A) the child has been adjudicated a delinquent child or achild in need of services and removed from their custodyfollowing the adjudication; or
(B) a parent has been convicted and imprisoned for anoffense listed in IC 31-35-3-4 (or has been convicted andimprisoned for an offense listed in IC 31-6-5-4.2(a) beforeits repeal), the child has been removed from the custody ofthe parents under a dispositional decree, and the child hasbeen removed from the custody of the parents for six (6)months under a court order;
(7) the parents are entitled to representation by counsel,provided by the state if necessary, throughout any proceedingsto terminate the parent-child relationship against the will of the
parents; and
(8) the parents will receive notice of the hearing, unless noticeis waived under section 5(b) of this chapter, at which the courtwill decide if their consent was voluntary, and the parents mayappear at the hearing and allege that the consent was notvoluntary.
As added by P.L.1-1997, SEC.18. Amended by P.L.68-2005, SEC.56;P.L.146-2007, SEC.15.