IC 31-19-16.5
Chapter 16.5. Postadoption Sibling Contact
IC 31-19-16.5-1 Order for postadoption sibling contact
Sec. 1. At the time an adoption decree is entered, the court
entering the decree may order the adoptive parents to provide
specific postadoption contact for an adopted child who is at least two
(2) years of age with a pre-adoptive sibling if:
(1) the court determines that the postadoption contact would
serve the best interests of the adopted child; and
(2) each adoptive parent consents to the court's order for
postadoption contact privileges. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-2 Determination by court; considerations
Sec. 2. In making its determination under section 1 of this chapter,
the court shall consider any relevant evidence, including the
following:
(1) A recommendation made by a licensed child placing agency
sponsoring the adoption.
(2) A recommendation made by the adopted child's court
appointed special advocate or guardian ad litem.
(3) A recommendation made by the county office of family and
children or other agency that prepared a report of its
investigation and its recommendation as to the advisability of
the adoption under IC 31-19-8-5.
(4) Wishes expressed by the adopted child or adoptive parents. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-3 Effect of noncompliance with order
Sec. 3. If postadoption contact is ordered under this chapter, the
adoption is irrevocable even if the adoptive parents do not abide by
the postadoption contact order. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-4 Persons entitled to file petition to vacate or modify order
Sec. 4. The following persons may file a petition requesting that
the court vacate or modify a postadoption contact order with a
pre-adoptive sibling or to compel an adoptive parent to comply with
the postadoption contact order:
(1) A pre-adoptive sibling by:
(A) next friend; or
(B) guardian ad litem or court appointed special advocate.
(2) The adopted child by:
(A) next friend; or
(B) guardian ad litem or court appointed special advocate as
described in section 5 of this chapter.
(3) An adoptive parent. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-5 Vacation or modification of order; time; appointment of guardian
ad litem or advocate
Sec. 5. The court may vacate or modify a postadoption contact
order entered under this chapter at any time after the adoption if the
court determines, after a hearing, that it is in the best interests of the
adopted child. Before hearing the petition to:
(1) vacate or modify; or
(2) compel compliance with;
the postadoption contact order, the court may appoint a guardian ad
litem or court appointed special advocate to represent and protect the
best interests of the adopted child. However, the court may only
appoint a guardian ad litem or court appointed special advocate for
the adopted child under this chapter if the interests of an adoptive
parent differ from the child's interests to the extent that the court
determines that the appointment is necessary to protect the best
interests of the child. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-6 Guardian ad litem or court appointed special advocate
Sec. 6. The provisions regarding the representation, duties, and
appointment of a guardian ad litem or court appointed special
advocate by a juvenile court described under IC 31-32-3 apply to
postadoption contact proceedings under this chapter. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-7 Violation of order; prohibited penalties
Sec. 7. The court may not:
(1) award monetary damages; or
(2) revoke an adoption decree;
if the court finds that a postadoption contact order entered under this
chapter has been violated. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5
Chapter 16.5. Postadoption Sibling Contact
IC 31-19-16.5-1 Order for postadoption sibling contact
Sec. 1. At the time an adoption decree is entered, the court
entering the decree may order the adoptive parents to provide
specific postadoption contact for an adopted child who is at least two
(2) years of age with a pre-adoptive sibling if:
(1) the court determines that the postadoption contact would
serve the best interests of the adopted child; and
(2) each adoptive parent consents to the court's order for
postadoption contact privileges. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-2 Determination by court; considerations
Sec. 2. In making its determination under section 1 of this chapter,
the court shall consider any relevant evidence, including the
following:
(1) A recommendation made by a licensed child placing agency
sponsoring the adoption.
(2) A recommendation made by the adopted child's court
appointed special advocate or guardian ad litem.
(3) A recommendation made by the county office of family and
children or other agency that prepared a report of its
investigation and its recommendation as to the advisability of
the adoption under IC 31-19-8-5.
(4) Wishes expressed by the adopted child or adoptive parents. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-3 Effect of noncompliance with order
Sec. 3. If postadoption contact is ordered under this chapter, the
adoption is irrevocable even if the adoptive parents do not abide by
the postadoption contact order. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-4 Persons entitled to file petition to vacate or modify order
Sec. 4. The following persons may file a petition requesting that
the court vacate or modify a postadoption contact order with a
pre-adoptive sibling or to compel an adoptive parent to comply with
the postadoption contact order:
(1) A pre-adoptive sibling by:
(A) next friend; or
(B) guardian ad litem or court appointed special advocate.
(2) The adopted child by:
(A) next friend; or
(B) guardian ad litem or court appointed special advocate as
described in section 5 of this chapter.
(3) An adoptive parent. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-5 Vacation or modification of order; time; appointment of guardian
ad litem or advocate
Sec. 5. The court may vacate or modify a postadoption contact
order entered under this chapter at any time after the adoption if the
court determines, after a hearing, that it is in the best interests of the
adopted child. Before hearing the petition to:
(1) vacate or modify; or
(2) compel compliance with;
the postadoption contact order, the court may appoint a guardian ad
litem or court appointed special advocate to represent and protect the
best interests of the adopted child. However, the court may only
appoint a guardian ad litem or court appointed special advocate for
the adopted child under this chapter if the interests of an adoptive
parent differ from the child's interests to the extent that the court
determines that the appointment is necessary to protect the best
interests of the child. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-6 Guardian ad litem or court appointed special advocate
Sec. 6. The provisions regarding the representation, duties, and
appointment of a guardian ad litem or court appointed special
advocate by a juvenile court described under IC 31-32-3 apply to
postadoption contact proceedings under this chapter. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-7 Violation of order; prohibited penalties
Sec. 7. The court may not:
(1) award monetary damages; or
(2) revoke an adoption decree;
if the court finds that a postadoption contact order entered under this
chapter has been violated. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5
Chapter 16.5. Postadoption Sibling Contact
IC 31-19-16.5-1 Order for postadoption sibling contact
Sec. 1. At the time an adoption decree is entered, the court
entering the decree may order the adoptive parents to provide
specific postadoption contact for an adopted child who is at least two
(2) years of age with a pre-adoptive sibling if:
(1) the court determines that the postadoption contact would
serve the best interests of the adopted child; and
(2) each adoptive parent consents to the court's order for
postadoption contact privileges. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-2 Determination by court; considerations
Sec. 2. In making its determination under section 1 of this chapter,
the court shall consider any relevant evidence, including the
following:
(1) A recommendation made by a licensed child placing agency
sponsoring the adoption.
(2) A recommendation made by the adopted child's court
appointed special advocate or guardian ad litem.
(3) A recommendation made by the county office of family and
children or other agency that prepared a report of its
investigation and its recommendation as to the advisability of
the adoption under IC 31-19-8-5.
(4) Wishes expressed by the adopted child or adoptive parents. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-3 Effect of noncompliance with order
Sec. 3. If postadoption contact is ordered under this chapter, the
adoption is irrevocable even if the adoptive parents do not abide by
the postadoption contact order. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-4 Persons entitled to file petition to vacate or modify order
Sec. 4. The following persons may file a petition requesting that
the court vacate or modify a postadoption contact order with a
pre-adoptive sibling or to compel an adoptive parent to comply with
the postadoption contact order:
(1) A pre-adoptive sibling by:
(A) next friend; or
(B) guardian ad litem or court appointed special advocate.
(2) The adopted child by:
(A) next friend; or
(B) guardian ad litem or court appointed special advocate as
described in section 5 of this chapter.
(3) An adoptive parent. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-5 Vacation or modification of order; time; appointment of guardian
ad litem or advocate
Sec. 5. The court may vacate or modify a postadoption contact
order entered under this chapter at any time after the adoption if the
court determines, after a hearing, that it is in the best interests of the
adopted child. Before hearing the petition to:
(1) vacate or modify; or
(2) compel compliance with;
the postadoption contact order, the court may appoint a guardian ad
litem or court appointed special advocate to represent and protect the
best interests of the adopted child. However, the court may only
appoint a guardian ad litem or court appointed special advocate for
the adopted child under this chapter if the interests of an adoptive
parent differ from the child's interests to the extent that the court
determines that the appointment is necessary to protect the best
interests of the child. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-6 Guardian ad litem or court appointed special advocate
Sec. 6. The provisions regarding the representation, duties, and
appointment of a guardian ad litem or court appointed special
advocate by a juvenile court described under IC 31-32-3 apply to
postadoption contact proceedings under this chapter. As added by P.L.196-1997, SEC.11.
IC 31-19-16.5-7 Violation of order; prohibited penalties
Sec. 7. The court may not:
(1) award monetary damages; or
(2) revoke an adoption decree;
if the court finds that a postadoption contact order entered under this
chapter has been violated. As added by P.L.196-1997, SEC.11.
