IC 31-19-2
Chapter 2. Filing of Petition for Adoption
IC 31-19-2-1 Adoption of adult; petition; venue; consent; investigation
Sec. 1. (a) An individual who is at least eighteen (18) years of age
may be adopted by a resident of Indiana:
(1) upon proper petition to the court having jurisdiction in
probate matters in the county of residence of the individual or
the petitioner for adoption; and
(2) with the consent of the individual acknowledged in open
court.
(b) If the court in which a petition for adoption is filed under this
section considers it necessary, the court may order:
(1) the type of investigation that is conducted in an adoption of
a child who is less than eighteen (18) years of age; or
(2) any other inquiry that the court considers advisable;
before granting the petition for adoption. As added by P.L.1-1997, SEC.11.
IC 31-19-2-2 Adoption of minor child; petition; venue; substituting petitioner
Sec. 2. (a) A resident of Indiana who seeks to adopt a child less
than eighteen (18) years of age may, by attorney of record, file a
petition for adoption with the clerk of the court having probate
jurisdiction in the county in which:
(1) the petitioner for adoption resides;
(2) a licensed child placing agency or governmental agency
having custody of the child is located; or
(3) the child resides.
(b) The county in which the petition for adoption may be filed is
a matter of venue and not jurisdiction.
(c) Subject to IC 31-19-9-3, if an individual who files a petition
for adoption of a child:
(1) decides not to adopt the child; or
(2) is unable to adopt the child;
the petition for adoption may be amended or a second petition may
be filed in the same action to substitute another individual who
intends to adopt the child as the petitioner for adoption. The
amended petition or second petition under this subsection relates
back to the date of the original petition. As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.2.
IC 31-19-2-3 Adoption of hard to place child by nonresident; petition; venue
Sec. 3. (a) An individual who is not a resident of Indiana and who
seeks to adopt a hard to place child may file a petition for adoption
with the clerk of the court having probate jurisdiction in the county
in which the:
(1) licensed child placing agency or governmental agency
having custody of the child is located; or
(2) child resides.
(b) The county in which a petition for adoption may be filed is a
matter of venue and not jurisdiction. As added by P.L.1-1997, SEC.11.
IC 31-19-2-4 Consent to adoption by petitioner's spouse
Sec. 4. (a) Except as provided in subsection (b), a petition for
adoption by a married person may not be granted unless the husband
and wife join in the action.
(b) If the petitioner for adoption is married to the:
(1) biological; or
(2) adoptive;
father or mother of the child, joinder by the father or mother is not
necessary if an acknowledged consent to adoption of the biological
or adoptive parent is filed with the petition for adoption. As added by P.L.1-1997, SEC.11.
IC 31-19-2-5 Filing of petition; number of copies; verification
Sec. 5. (a) Except as provided in subsection (b), a petition for
adoption must be filed in triplicate.
(b) If a petition for adoption is sponsored by a licensed child
placing agency, the petition for adoption must be filed in
quadruplicate.
(c) The original copy of a petition for adoption must be verified
by the oath or affirmation of each petitioner for adoption. As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,
SEC.13; P.L.1-2010, SEC.120.
IC 31-19-2-6 Contents of petition
Sec. 6. A petition for adoption must specify the following:
(1) The:
(A) name if known;
(B) sex, race, and age if known, or if unknown, the
approximate age; and
(C) place of birth;
of the child sought to be adopted.
(2) The new name to be given the child if a change of name is
desired.
(3) Whether or not the child possesses real or personal property
and, if so, the value and full description of the property.
(4) The:
(A) name, age, and place of residence of a petitioner for
adoption; and
(B) if married, place and date of their marriage.
(5) The name and place of residence, if known to the petitioner
for adoption, of:
(A) the parent or parents of the child;
(B) if the child is an orphan:
(i) the guardian; or
(ii) the nearest kin of the child if the child does not have a
guardian;
(C) the court or agency of which the child is a ward if the
child is a ward; or
(D) the agency sponsoring the adoption if there is a sponsor.
(6) The time, if any, during which the child lived in the home of
the petitioner for adoption.
(7) Whether the petitioner for adoption has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
and, if so, the date and description of the conviction.
(8) Additional information consistent with the purpose and
provisions of this article that is considered relevant to the
proceedings. As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.6;
P.L.131-2009, SEC.13.
IC 31-19-2-7 Medical report
Sec. 7. (a) A medical report of the health status and medical
history of the child sought to be adopted and the child's birth parents
must:
(1) accompany a petition for adoption; or
(2) be filed not later than sixty (60) days after the filing of a
petition for adoption.
(b) The medical report must:
(1) include neonatal, psychological, physiological, and medical
care history; and
(2) be on forms prescribed by the state registrar.
(c) A copy of the medical report shall be sent to the following
persons:
(1) The state registrar.
(2) The prospective adoptive parents.
(d) This section does not authorize the release of medical
information that would result in the identification of an individual. As added by P.L.1-1997, SEC.11.
IC 31-19-2-7.3 Waiver of criminal history check requirements prohibited
Sec. 7.3. A court may not waive any criminal history check
requirements set forth in this chapter. As added by P.L.138-2007, SEC.36.
IC 31-19-2-7.5 Submission of information, forms, or consents for criminal history
check
Sec. 7.5. (a) This section does not apply to a petitioner for
adoption who provides the licensed child placing agency or county
office of family and children with the results of a criminal history
check conducted:
(1) in accordance with IC 31-9-2-22.5; and
(2) not more than one (1) year before the date on which the
petition is filed.
(b) Every petitioner for adoption shall submit the necessary
information, forms, or consents for:
(1) a licensed child placing agency; or
(2) the county office of family and children;
that conducts the inspection and investigation required for adoption
of a child under IC 31-19-8-5 to conduct a criminal history check (as
defined in IC 31-9-2-22.5) of the petitioner as part of its
investigation.
(c) The petitioner for adoption shall pay the fees and other costs
of the criminal history check required under this section. As added by P.L.200-1999, SEC.7. Amended by P.L.234-2005,
SEC.92.
IC 31-19-2-7.6 Notification of criminal charge while adoption pending
Sec. 7.6. If a petitioner for adoption is charged with:
(1) a felony; or
(2) a misdemeanor relating to the health and safety of children;
during the pendency of the adoption, the petitioner shall notify the
court of the criminal charge in writing. As added by P.L.200-1999, SEC.8.
IC 31-19-2-8 Adoption history fee; putative father registry fee
Sec. 8. Unless the petitioner for adoption seeks under section 1 of
this chapter to adopt a person who is at least eighteen (18) years of
age, the petitioner for adoption must attach to the petition for
adoption:
(1) an adoption history fee of twenty dollars ($20) payable to
the state department of health; and
(2) a putative father registry fee of fifty dollars ($50) payable to
the state department of health for:
(A) administering the putative father registry established by
IC 31-19-5; and
(B) paying for blood or genetic testing in a paternity action
in which an adoption is pending in accordance with
IC 31-14-21-9.1. As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.9.
IC 31-19-2-9 Deposit of fees in adoption history fund
Sec. 9. Fees collected under section 8 of this chapter shall be
deposited in the adoption history fund established by IC 31-19-18-6.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-10 Notice of filing of petition; examination, correction, and
amendment of form of petition
Sec. 10. (a) Not more than five (5) days after a petition for
adoption has been filed, the clerk of the court shall notify the court
of the filing.
(b) Upon receiving notice under subsection (a) that a petition for
adoption has been filed, the court shall promptly:
(1) examine the petition for adoption; and
(2) determine whether the petition for adoption is in proper
form.
(c) If the court does not find the petition for adoption to be in
proper form, the court shall return the petition for adoption
immediately to the petitioner for adoption or the petitioner's attorney.
(d) If a petition for adoption is returned under subsection (c), the
petitioner for adoption shall promptly correct and amend the petition
for adoption to conform to the law. As added by P.L.1-1997, SEC.11.
IC 31-19-2-11 Clerk's examination of form of petition
Sec. 11. If the judge of the court dies, is disabled, or is absent, the
clerk of the court shall examine the petition for adoption and the
petition for adoption shall be acted upon accordingly. As added by P.L.1-1997, SEC.11.
IC 31-19-2-12 Copies of petition forwarded to licensed child placing agency and
department of child services
Sec. 12. As soon as a petition for adoption is found to be in proper
form, the clerk of the court shall forward one (1) copy of the petition
for adoption to:
(1) a licensed child placing agency as described in
IC 31-19-7-1, with preference to be given to the agency, if any,
sponsoring the adoption, as shown by the petition for adoption;
and
(2) the department. As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,
SEC.245; P.L.146-2006, SEC.17; P.L.131-2009, SEC.14.
IC 31-19-2-13 Temporary custody of adopted children
Sec. 13. (a) Except for a child who is under the care and
supervision of the department, a petitioner for adoption may file a
separate, ex parte, verified petition requesting temporary custody of
a child sought to be adopted at the time of or any time after the filing
of a petition for adoption. The petition for temporary custody must
be signed by each petitioner for adoption.
(b) A court may grant a petition for temporary custody filed under
subsection (a) if the court finds that:
(1) the petition for adoption is in proper form; and
(2) placing the child with the petitioner or petitioners for
adoption pending the hearing on the petition for adoption is in
the best interests of the child.
(c) If temporary custody is granted under this section, the
petitioner or petitioners for adoption are legally and financially
responsible for the child until otherwise ordered by the court. As added by P.L.61-2003, SEC.2. Amended by P.L.145-2006,
SEC.246.
IC 31-19-2-14 Consolidated paternity and adoption proceedings
Sec. 14. (a) If a petition for adoption and a petition to establish
paternity are pending at the same time for a child sought to be
adopted, the court in which the petition for adoption has been filed
has exclusive jurisdiction over the child, and the paternity proceeding
must be consolidated with the adoption proceeding.
(b) If the petition for adoption is dismissed, the court hearing the
consolidated adoption and paternity proceeding shall determine who
has custody of the child under IC 31-19-11-5.
(c) Following a dismissal of the adoption petition under
subsection (b), the court may:
(1) retain jurisdiction over the paternity proceeding; or
(2) return the paternity proceeding to the court in which it was
originally filed.
If the paternity proceeding is returned to the court in which it was
originally filed, the court assumes jurisdiction over the child, subject
to any provisions of the consolidated court's order under
IC 31-19-11-5. As added by P.L.61-2003, SEC.3.
IC 31-19-2
Chapter 2. Filing of Petition for Adoption
IC 31-19-2-1 Adoption of adult; petition; venue; consent; investigation
Sec. 1. (a) An individual who is at least eighteen (18) years of age
may be adopted by a resident of Indiana:
(1) upon proper petition to the court having jurisdiction in
probate matters in the county of residence of the individual or
the petitioner for adoption; and
(2) with the consent of the individual acknowledged in open
court.
(b) If the court in which a petition for adoption is filed under this
section considers it necessary, the court may order:
(1) the type of investigation that is conducted in an adoption of
a child who is less than eighteen (18) years of age; or
(2) any other inquiry that the court considers advisable;
before granting the petition for adoption. As added by P.L.1-1997, SEC.11.
IC 31-19-2-2 Adoption of minor child; petition; venue; substituting petitioner
Sec. 2. (a) A resident of Indiana who seeks to adopt a child less
than eighteen (18) years of age may, by attorney of record, file a
petition for adoption with the clerk of the court having probate
jurisdiction in the county in which:
(1) the petitioner for adoption resides;
(2) a licensed child placing agency or governmental agency
having custody of the child is located; or
(3) the child resides.
(b) The county in which the petition for adoption may be filed is
a matter of venue and not jurisdiction.
(c) Subject to IC 31-19-9-3, if an individual who files a petition
for adoption of a child:
(1) decides not to adopt the child; or
(2) is unable to adopt the child;
the petition for adoption may be amended or a second petition may
be filed in the same action to substitute another individual who
intends to adopt the child as the petitioner for adoption. The
amended petition or second petition under this subsection relates
back to the date of the original petition. As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.2.
IC 31-19-2-3 Adoption of hard to place child by nonresident; petition; venue
Sec. 3. (a) An individual who is not a resident of Indiana and who
seeks to adopt a hard to place child may file a petition for adoption
with the clerk of the court having probate jurisdiction in the county
in which the:
(1) licensed child placing agency or governmental agency
having custody of the child is located; or
(2) child resides.
(b) The county in which a petition for adoption may be filed is a
matter of venue and not jurisdiction. As added by P.L.1-1997, SEC.11.
IC 31-19-2-4 Consent to adoption by petitioner's spouse
Sec. 4. (a) Except as provided in subsection (b), a petition for
adoption by a married person may not be granted unless the husband
and wife join in the action.
(b) If the petitioner for adoption is married to the:
(1) biological; or
(2) adoptive;
father or mother of the child, joinder by the father or mother is not
necessary if an acknowledged consent to adoption of the biological
or adoptive parent is filed with the petition for adoption. As added by P.L.1-1997, SEC.11.
IC 31-19-2-5 Filing of petition; number of copies; verification
Sec. 5. (a) Except as provided in subsection (b), a petition for
adoption must be filed in triplicate.
(b) If a petition for adoption is sponsored by a licensed child
placing agency, the petition for adoption must be filed in
quadruplicate.
(c) The original copy of a petition for adoption must be verified
by the oath or affirmation of each petitioner for adoption. As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,
SEC.13; P.L.1-2010, SEC.120.
IC 31-19-2-6 Contents of petition
Sec. 6. A petition for adoption must specify the following:
(1) The:
(A) name if known;
(B) sex, race, and age if known, or if unknown, the
approximate age; and
(C) place of birth;
of the child sought to be adopted.
(2) The new name to be given the child if a change of name is
desired.
(3) Whether or not the child possesses real or personal property
and, if so, the value and full description of the property.
(4) The:
(A) name, age, and place of residence of a petitioner for
adoption; and
(B) if married, place and date of their marriage.
(5) The name and place of residence, if known to the petitioner
for adoption, of:
(A) the parent or parents of the child;
(B) if the child is an orphan:
(i) the guardian; or
(ii) the nearest kin of the child if the child does not have a
guardian;
(C) the court or agency of which the child is a ward if the
child is a ward; or
(D) the agency sponsoring the adoption if there is a sponsor.
(6) The time, if any, during which the child lived in the home of
the petitioner for adoption.
(7) Whether the petitioner for adoption has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
and, if so, the date and description of the conviction.
(8) Additional information consistent with the purpose and
provisions of this article that is considered relevant to the
proceedings. As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.6;
P.L.131-2009, SEC.13.
IC 31-19-2-7 Medical report
Sec. 7. (a) A medical report of the health status and medical
history of the child sought to be adopted and the child's birth parents
must:
(1) accompany a petition for adoption; or
(2) be filed not later than sixty (60) days after the filing of a
petition for adoption.
(b) The medical report must:
(1) include neonatal, psychological, physiological, and medical
care history; and
(2) be on forms prescribed by the state registrar.
(c) A copy of the medical report shall be sent to the following
persons:
(1) The state registrar.
(2) The prospective adoptive parents.
(d) This section does not authorize the release of medical
information that would result in the identification of an individual. As added by P.L.1-1997, SEC.11.
IC 31-19-2-7.3 Waiver of criminal history check requirements prohibited
Sec. 7.3. A court may not waive any criminal history check
requirements set forth in this chapter. As added by P.L.138-2007, SEC.36.
IC 31-19-2-7.5 Submission of information, forms, or consents for criminal history
check
Sec. 7.5. (a) This section does not apply to a petitioner for
adoption who provides the licensed child placing agency or county
office of family and children with the results of a criminal history
check conducted:
(1) in accordance with IC 31-9-2-22.5; and
(2) not more than one (1) year before the date on which the
petition is filed.
(b) Every petitioner for adoption shall submit the necessary
information, forms, or consents for:
(1) a licensed child placing agency; or
(2) the county office of family and children;
that conducts the inspection and investigation required for adoption
of a child under IC 31-19-8-5 to conduct a criminal history check (as
defined in IC 31-9-2-22.5) of the petitioner as part of its
investigation.
(c) The petitioner for adoption shall pay the fees and other costs
of the criminal history check required under this section. As added by P.L.200-1999, SEC.7. Amended by P.L.234-2005,
SEC.92.
IC 31-19-2-7.6 Notification of criminal charge while adoption pending
Sec. 7.6. If a petitioner for adoption is charged with:
(1) a felony; or
(2) a misdemeanor relating to the health and safety of children;
during the pendency of the adoption, the petitioner shall notify the
court of the criminal charge in writing. As added by P.L.200-1999, SEC.8.
IC 31-19-2-8 Adoption history fee; putative father registry fee
Sec. 8. Unless the petitioner for adoption seeks under section 1 of
this chapter to adopt a person who is at least eighteen (18) years of
age, the petitioner for adoption must attach to the petition for
adoption:
(1) an adoption history fee of twenty dollars ($20) payable to
the state department of health; and
(2) a putative father registry fee of fifty dollars ($50) payable to
the state department of health for:
(A) administering the putative father registry established by
IC 31-19-5; and
(B) paying for blood or genetic testing in a paternity action
in which an adoption is pending in accordance with
IC 31-14-21-9.1. As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.9.
IC 31-19-2-9 Deposit of fees in adoption history fund
Sec. 9. Fees collected under section 8 of this chapter shall be
deposited in the adoption history fund established by IC 31-19-18-6.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-10 Notice of filing of petition; examination, correction, and
amendment of form of petition
Sec. 10. (a) Not more than five (5) days after a petition for
adoption has been filed, the clerk of the court shall notify the court
of the filing.
(b) Upon receiving notice under subsection (a) that a petition for
adoption has been filed, the court shall promptly:
(1) examine the petition for adoption; and
(2) determine whether the petition for adoption is in proper
form.
(c) If the court does not find the petition for adoption to be in
proper form, the court shall return the petition for adoption
immediately to the petitioner for adoption or the petitioner's attorney.
(d) If a petition for adoption is returned under subsection (c), the
petitioner for adoption shall promptly correct and amend the petition
for adoption to conform to the law. As added by P.L.1-1997, SEC.11.
IC 31-19-2-11 Clerk's examination of form of petition
Sec. 11. If the judge of the court dies, is disabled, or is absent, the
clerk of the court shall examine the petition for adoption and the
petition for adoption shall be acted upon accordingly. As added by P.L.1-1997, SEC.11.
IC 31-19-2-12 Copies of petition forwarded to licensed child placing agency and
department of child services
Sec. 12. As soon as a petition for adoption is found to be in proper
form, the clerk of the court shall forward one (1) copy of the petition
for adoption to:
(1) a licensed child placing agency as described in
IC 31-19-7-1, with preference to be given to the agency, if any,
sponsoring the adoption, as shown by the petition for adoption;
and
(2) the department. As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,
SEC.245; P.L.146-2006, SEC.17; P.L.131-2009, SEC.14.
IC 31-19-2-13 Temporary custody of adopted children
Sec. 13. (a) Except for a child who is under the care and
supervision of the department, a petitioner for adoption may file a
separate, ex parte, verified petition requesting temporary custody of
a child sought to be adopted at the time of or any time after the filing
of a petition for adoption. The petition for temporary custody must
be signed by each petitioner for adoption.
(b) A court may grant a petition for temporary custody filed under
subsection (a) if the court finds that:
(1) the petition for adoption is in proper form; and
(2) placing the child with the petitioner or petitioners for
adoption pending the hearing on the petition for adoption is in
the best interests of the child.
(c) If temporary custody is granted under this section, the
petitioner or petitioners for adoption are legally and financially
responsible for the child until otherwise ordered by the court. As added by P.L.61-2003, SEC.2. Amended by P.L.145-2006,
SEC.246.
IC 31-19-2-14 Consolidated paternity and adoption proceedings
Sec. 14. (a) If a petition for adoption and a petition to establish
paternity are pending at the same time for a child sought to be
adopted, the court in which the petition for adoption has been filed
has exclusive jurisdiction over the child, and the paternity proceeding
must be consolidated with the adoption proceeding.
(b) If the petition for adoption is dismissed, the court hearing the
consolidated adoption and paternity proceeding shall determine who
has custody of the child under IC 31-19-11-5.
(c) Following a dismissal of the adoption petition under
subsection (b), the court may:
(1) retain jurisdiction over the paternity proceeding; or
(2) return the paternity proceeding to the court in which it was
originally filed.
If the paternity proceeding is returned to the court in which it was
originally filed, the court assumes jurisdiction over the child, subject
to any provisions of the consolidated court's order under
IC 31-19-11-5. As added by P.L.61-2003, SEC.3.
IC 31-19-2
Chapter 2. Filing of Petition for Adoption
IC 31-19-2-1 Adoption of adult; petition; venue; consent; investigation
Sec. 1. (a) An individual who is at least eighteen (18) years of age
may be adopted by a resident of Indiana:
(1) upon proper petition to the court having jurisdiction in
probate matters in the county of residence of the individual or
the petitioner for adoption; and
(2) with the consent of the individual acknowledged in open
court.
(b) If the court in which a petition for adoption is filed under this
section considers it necessary, the court may order:
(1) the type of investigation that is conducted in an adoption of
a child who is less than eighteen (18) years of age; or
(2) any other inquiry that the court considers advisable;
before granting the petition for adoption. As added by P.L.1-1997, SEC.11.
IC 31-19-2-2 Adoption of minor child; petition; venue; substituting petitioner
Sec. 2. (a) A resident of Indiana who seeks to adopt a child less
than eighteen (18) years of age may, by attorney of record, file a
petition for adoption with the clerk of the court having probate
jurisdiction in the county in which:
(1) the petitioner for adoption resides;
(2) a licensed child placing agency or governmental agency
having custody of the child is located; or
(3) the child resides.
(b) The county in which the petition for adoption may be filed is
a matter of venue and not jurisdiction.
(c) Subject to IC 31-19-9-3, if an individual who files a petition
for adoption of a child:
(1) decides not to adopt the child; or
(2) is unable to adopt the child;
the petition for adoption may be amended or a second petition may
be filed in the same action to substitute another individual who
intends to adopt the child as the petitioner for adoption. The
amended petition or second petition under this subsection relates
back to the date of the original petition. As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.2.
IC 31-19-2-3 Adoption of hard to place child by nonresident; petition; venue
Sec. 3. (a) An individual who is not a resident of Indiana and who
seeks to adopt a hard to place child may file a petition for adoption
with the clerk of the court having probate jurisdiction in the county
in which the:
(1) licensed child placing agency or governmental agency
having custody of the child is located; or
(2) child resides.
(b) The county in which a petition for adoption may be filed is a
matter of venue and not jurisdiction. As added by P.L.1-1997, SEC.11.
IC 31-19-2-4 Consent to adoption by petitioner's spouse
Sec. 4. (a) Except as provided in subsection (b), a petition for
adoption by a married person may not be granted unless the husband
and wife join in the action.
(b) If the petitioner for adoption is married to the:
(1) biological; or
(2) adoptive;
father or mother of the child, joinder by the father or mother is not
necessary if an acknowledged consent to adoption of the biological
or adoptive parent is filed with the petition for adoption. As added by P.L.1-1997, SEC.11.
IC 31-19-2-5 Filing of petition; number of copies; verification
Sec. 5. (a) Except as provided in subsection (b), a petition for
adoption must be filed in triplicate.
(b) If a petition for adoption is sponsored by a licensed child
placing agency, the petition for adoption must be filed in
quadruplicate.
(c) The original copy of a petition for adoption must be verified
by the oath or affirmation of each petitioner for adoption. As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,
SEC.13; P.L.1-2010, SEC.120.
IC 31-19-2-6 Contents of petition
Sec. 6. A petition for adoption must specify the following:
(1) The:
(A) name if known;
(B) sex, race, and age if known, or if unknown, the
approximate age; and
(C) place of birth;
of the child sought to be adopted.
(2) The new name to be given the child if a change of name is
desired.
(3) Whether or not the child possesses real or personal property
and, if so, the value and full description of the property.
(4) The:
(A) name, age, and place of residence of a petitioner for
adoption; and
(B) if married, place and date of their marriage.
(5) The name and place of residence, if known to the petitioner
for adoption, of:
(A) the parent or parents of the child;
(B) if the child is an orphan:
(i) the guardian; or
(ii) the nearest kin of the child if the child does not have a
guardian;
(C) the court or agency of which the child is a ward if the
child is a ward; or
(D) the agency sponsoring the adoption if there is a sponsor.
(6) The time, if any, during which the child lived in the home of
the petitioner for adoption.
(7) Whether the petitioner for adoption has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
and, if so, the date and description of the conviction.
(8) Additional information consistent with the purpose and
provisions of this article that is considered relevant to the
proceedings. As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.6;
P.L.131-2009, SEC.13.
IC 31-19-2-7 Medical report
Sec. 7. (a) A medical report of the health status and medical
history of the child sought to be adopted and the child's birth parents
must:
(1) accompany a petition for adoption; or
(2) be filed not later than sixty (60) days after the filing of a
petition for adoption.
(b) The medical report must:
(1) include neonatal, psychological, physiological, and medical
care history; and
(2) be on forms prescribed by the state registrar.
(c) A copy of the medical report shall be sent to the following
persons:
(1) The state registrar.
(2) The prospective adoptive parents.
(d) This section does not authorize the release of medical
information that would result in the identification of an individual. As added by P.L.1-1997, SEC.11.
IC 31-19-2-7.3 Waiver of criminal history check requirements prohibited
Sec. 7.3. A court may not waive any criminal history check
requirements set forth in this chapter. As added by P.L.138-2007, SEC.36.
IC 31-19-2-7.5 Submission of information, forms, or consents for criminal history
check
Sec. 7.5. (a) This section does not apply to a petitioner for
adoption who provides the licensed child placing agency or county
office of family and children with the results of a criminal history
check conducted:
(1) in accordance with IC 31-9-2-22.5; and
(2) not more than one (1) year before the date on which the
petition is filed.
(b) Every petitioner for adoption shall submit the necessary
information, forms, or consents for:
(1) a licensed child placing agency; or
(2) the county office of family and children;
that conducts the inspection and investigation required for adoption
of a child under IC 31-19-8-5 to conduct a criminal history check (as
defined in IC 31-9-2-22.5) of the petitioner as part of its
investigation.
(c) The petitioner for adoption shall pay the fees and other costs
of the criminal history check required under this section. As added by P.L.200-1999, SEC.7. Amended by P.L.234-2005,
SEC.92.
IC 31-19-2-7.6 Notification of criminal charge while adoption pending
Sec. 7.6. If a petitioner for adoption is charged with:
(1) a felony; or
(2) a misdemeanor relating to the health and safety of children;
during the pendency of the adoption, the petitioner shall notify the
court of the criminal charge in writing. As added by P.L.200-1999, SEC.8.
IC 31-19-2-8 Adoption history fee; putative father registry fee
Sec. 8. Unless the petitioner for adoption seeks under section 1 of
this chapter to adopt a person who is at least eighteen (18) years of
age, the petitioner for adoption must attach to the petition for
adoption:
(1) an adoption history fee of twenty dollars ($20) payable to
the state department of health; and
(2) a putative father registry fee of fifty dollars ($50) payable to
the state department of health for:
(A) administering the putative father registry established by
IC 31-19-5; and
(B) paying for blood or genetic testing in a paternity action
in which an adoption is pending in accordance with
IC 31-14-21-9.1. As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.9.
IC 31-19-2-9 Deposit of fees in adoption history fund
Sec. 9. Fees collected under section 8 of this chapter shall be
deposited in the adoption history fund established by IC 31-19-18-6.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-10 Notice of filing of petition; examination, correction, and
amendment of form of petition
Sec. 10. (a) Not more than five (5) days after a petition for
adoption has been filed, the clerk of the court shall notify the court
of the filing.
(b) Upon receiving notice under subsection (a) that a petition for
adoption has been filed, the court shall promptly:
(1) examine the petition for adoption; and
(2) determine whether the petition for adoption is in proper
form.
(c) If the court does not find the petition for adoption to be in
proper form, the court shall return the petition for adoption
immediately to the petitioner for adoption or the petitioner's attorney.
(d) If a petition for adoption is returned under subsection (c), the
petitioner for adoption shall promptly correct and amend the petition
for adoption to conform to the law. As added by P.L.1-1997, SEC.11.
IC 31-19-2-11 Clerk's examination of form of petition
Sec. 11. If the judge of the court dies, is disabled, or is absent, the
clerk of the court shall examine the petition for adoption and the
petition for adoption shall be acted upon accordingly. As added by P.L.1-1997, SEC.11.
IC 31-19-2-12 Copies of petition forwarded to licensed child placing agency and
department of child services
Sec. 12. As soon as a petition for adoption is found to be in proper
form, the clerk of the court shall forward one (1) copy of the petition
for adoption to:
(1) a licensed child placing agency as described in
IC 31-19-7-1, with preference to be given to the agency, if any,
sponsoring the adoption, as shown by the petition for adoption;
and
(2) the department. As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,
SEC.245; P.L.146-2006, SEC.17; P.L.131-2009, SEC.14.
IC 31-19-2-13 Temporary custody of adopted children
Sec. 13. (a) Except for a child who is under the care and
supervision of the department, a petitioner for adoption may file a
separate, ex parte, verified petition requesting temporary custody of
a child sought to be adopted at the time of or any time after the filing
of a petition for adoption. The petition for temporary custody must
be signed by each petitioner for adoption.
(b) A court may grant a petition for temporary custody filed under
subsection (a) if the court finds that:
(1) the petition for adoption is in proper form; and
(2) placing the child with the petitioner or petitioners for
adoption pending the hearing on the petition for adoption is in
the best interests of the child.
(c) If temporary custody is granted under this section, the
petitioner or petitioners for adoption are legally and financially
responsible for the child until otherwise ordered by the court. As added by P.L.61-2003, SEC.2. Amended by P.L.145-2006,
SEC.246.
IC 31-19-2-14 Consolidated paternity and adoption proceedings
Sec. 14. (a) If a petition for adoption and a petition to establish
paternity are pending at the same time for a child sought to be
adopted, the court in which the petition for adoption has been filed
has exclusive jurisdiction over the child, and the paternity proceeding
must be consolidated with the adoption proceeding.
(b) If the petition for adoption is dismissed, the court hearing the
consolidated adoption and paternity proceeding shall determine who
has custody of the child under IC 31-19-11-5.
(c) Following a dismissal of the adoption petition under
subsection (b), the court may:
(1) retain jurisdiction over the paternity proceeding; or
(2) return the paternity proceeding to the court in which it was
originally filed.
If the paternity proceeding is returned to the court in which it was
originally filed, the court assumes jurisdiction over the child, subject
to any provisions of the consolidated court's order under
IC 31-19-11-5. As added by P.L.61-2003, SEC.3.
