§ 31-19-10-3 — Withdrawal of consent to adoption

(a) A consent to adoption may be withdrawn
not later than fifteen (15) days after consent to adoption is signed if:
(1) the court finds, after notice and opportunity to be heard
afforded to the petitioner for adoption, that the person seeking the
withdrawal is acting in the best interest of the person sought to be
adopted; and
(2) the court orders the withdrawal.
(b) A consent to adoption may not be withdrawn after:
(1) fifteen (15) days after the consent to adoption is signed;
(2) the person who signs the consent to adoption appears, in
person or by telephonic communications or video conferencing,
before a court in which the petition for adoption has been or will
be filed and acknowledges that the person:
(A) understood the consequences of the signing of the consent
to adoption;
(B) freely and voluntarily signed the consent to adoption; and
(C) believes that adoption is in the best interests of the person
to be adopted; or
(3) the person who signs the consent to adoption appears, in
person or by telephonic communications or video conferencing,
before a court of competent jurisdiction if the parent is outside of
Indiana and acknowledges that the person:
(A) understood the consequences of the signing of the consent
to adoption;
(B) freely and voluntarily signed the consent to adoption; and
(C) believes that adoption is in the best interests of the person
to be adopted;
whichever occurs first.
(c) If a hearing under this section is conducted by telephonic
communication or video conferencing, the court shall ensure that the
hearing is recorded.
[Pre-1997 Recodification Citation: 31-3-1-6(j) part.]

Legislative History

As added by P.L.1-1997, SEC.11. Amended by P.L.61-2003, SEC.18; P.L.146-2007, SEC.11; P.L.89-2023, SEC.9.