State Codes and Statutes
Statutes > Indiana > Title31 > Ar13 > Ch2
IC 31-13-2
Chapter 2. Children Born Out of Wedlock
IC 31-13-2-1
Petition to establish whether child was born in wedlock; notice;
hearing; determination; review
Sec. 1. (a) A person interested in establishing whether a child was
born in wedlock may file a petition to maintain an action to
determine whether the child was born in wedlock. The petition must:
(1) be filed in the circuit or superior court of a county in which
either of the parties to the marriage resides;
(2) set forth the facts concerning the child's birth; and
(3) name as defendants in the action all persons interested in the
question of whether the child was born in wedlock.
The petitioner shall give the persons described in subdivision (3)
notice in accordance with IC 31-16-2-5.
(b) The court shall hold a hearing on the petition filed under
subsection (a) and shall make a determination on the question of
whether the child was born in wedlock.
(c) An appeal of the court's determination under subsection (b)
may be taken to the supreme court. An appeal taken under this
subsection is governed by the same rules that apply to other civil
actions that are appealed.
As added by P.L.1-1997, SEC.5.
IC 31-13-2-2
Finality of determination; subsequent review on petition of
defendant less than 18 years of age at time of determination
Sec. 2. (a) Except as provided in subsection (b), a final
determination made under section 1 of this chapter (or IC 31-7-8-3
before its repeal) is conclusive among the parties to the action and
among persons who make claims under parties to the action.
(b) A defendant who was less than eighteen (18) years of age at
the time the determination under section 1 of this chapter (or
IC 31-7-8-3 before its repeal) became final may petition the circuit
or superior court in which the original action was taken to review the
determination. This petition must be filed before the individual
becomes nineteen (19) years of age.
As added by P.L.1-1997, SEC.5.
IC 31-13-2-3
Child of common law marriage consummated before January 2,
1958
Sec. 3. A child of a common law marriage that was consummated
before January 2, 1958, is considered to be a child of a valid
marriage.
As added by P.L.1-1997, SEC.5.
