§ 31-14-5-3 — Time for filing action

Indiana § 31-14-5-3

• Jurisdiction: Indiana
• Art. 14: FAMILY LAW: ESTABLISHMENT OF
• Ch. 5: Filing of Paternity Action; Limitations

Text

(a) This section does not apply to an action
filed by the department or its agents under section 4 of this chapter (or
IC 31-6-6.1-6(c) before its repeal).
(b) The mother, a man alleging to be the child's father, or the
department or its agents must file a paternity action not later than two
(2) years after the child is born, unless:
(1) both the mother and the alleged father waive the limitation on
actions and file jointly;
(2) support has been furnished by the alleged father or by a person
acting on his behalf, either voluntarily or under an agreement
with:
(A) the mother;
(B) a person acting on the mother's behalf; or
(C) a person acting on the child's behalf;
(3) the mother, the department, or a prosecuting attorney
operating under an agreement or contract described in IC 31-25-4-13.1 files a petition after the alleged father has
acknowledged in writing that he is the child's biological father;
(4) the alleged father files a petition after the mother has
acknowledged in writing that he is the child's biological father;
(5) the petitioner was incompetent at the time the child was born;
or
(6) a responding party cannot be served with summons during the
two (2) year period.
(c) If any of the conditions described in subsection (b) exist, the
paternity petition must be filed not later than two (2) years after the
condition described in subsection (b) ceases to exist.
[Pre-1997 Recodification Citation: 31-6-6.1-6(a).]

Legislative History

As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006, SEC.223; P.L.206-2015, SEC.47.