Indiana § 31-19-10-1.4 Basis for resolving contested adoption

Indiana Statutes

§ 31-19-10-1.4 — Basis for resolving contested adoption

Indiana § 31-19-10-1.4

Art. 19FAMILY LAW: ADOPTION

Ch. 10Withdrawal of Consent to Adoption; Contest of

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Bluebook

Ind. Code § 31-19-10-1.4 (2026).

Text

4.

(a)Except as provided in subsection (b), a court, in making a determination under section 1.2(e) of this chapter, shall consider all relevant evidence, but may not base its determination solely on a finding that a:

(1)petitioner for adoption would be a better parent for a child than the parent who filed the motion to contest the adoption; or

(2)parent has a biological link to the child sought to be adopted.

(b)If a petition for adoption alleges that a parent's consent to the adoption is unnecessary under IC 31-19-9-8(a)(1) or IC 31-19-9-8(a)(2) and the parent files a motion to contest the adoption under section 1 of this chapter, the court may consider:

(1)the parent's substance abuse;

(2)the parent's voluntary unemployment; or

(3)instability of the parent's household caused by a

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4. (a) Except as provided in subsection (b),
a court, in making a determination under section 1.2(e) of this chapter,
shall consider all relevant evidence, but may not base its determination
solely on a finding that a:
(1) petitioner for adoption would be a better parent for a child
than the parent who filed the motion to contest the adoption; or
(2) parent has a biological link to the child sought to be adopted.
(b) If a petition for adoption alleges that a parent's consent to the
adoption is unnecessary under IC 31-19-9-8(a)(1) or IC 31-19-9-8(a)(2)
and the parent files a motion to contest the adoption under section 1 of
this chapter, the court may consider:
(1) the parent's substance abuse;
(2) the parent's voluntary unemployment; or
(3) instability of the parent's household caused by a family or
household member of the parent;
as justifiable cause for the parent's abandonment or desertion of the
child as described in IC 31-19-9-8(a)(1), failure to communicate
significantly with the child as described in IC 31-19-9-8(a)(2)(A), or
failure to provide for the care and support of the child as described in
IC 31-19-9-8(a)(2)(B), if the parent has made substantial and
continuing progress in remedying the factors in subdivisions (1), (2),
and (3), and it appears reasonably likely that progress will continue.