§ 31-19-11-1 — Decree; affidavit; criminal convictions and juvenile adjudications

(a) Whenever the court has heard the
evidence and finds that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient
ability to rear the child and furnish suitable support and
education;
(3) the report of the investigation and recommendation under IC 31-19-8-5 has been filed;
(4) the attorney or agency arranging an adoption has filed with the
court an affidavit prepared by the Indiana department of health
under IC 31-19-5-16 indicating whether a man is entitled to notice
of the adoption because the man has registered with the putative
father registry in accordance with IC 31-19-5;
(5) proper notice arising under subdivision (4), if notice is
necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit
prepared by the Indiana department of health under:
(A) IC 31-19-6 indicating whether a record of a paternity
determination; or
(B) IC 16-37-2-2(g) indicating whether a paternity affidavit
executed under IC 16-37-2-2.1;
has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has
been given;
(8) the petitioner for adoption is not prohibited from adopting the
child as the result of an inappropriate criminal history described
in subsection (c) or (d); and
(9) the person, licensed child placing agency, or local office that
has placed the child for adoption has provided the documents and
other information required under IC 31-19-17 to the prospective
adoptive parents;
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the Indiana department
of health's affidavit under IC 31-19-5-16 is filed with the court as
provided under subsection (a)(4).
(c) A juvenile adjudication for an act listed in IC 31-9-2-84.8 that
would be a felony if committed by an adult, a conviction of a
misdemeanor related to the health and safety of a child, or a conviction
of a felony not listed in IC 31-9-2-84.8 by a petitioner for adoption or
household member is a permissible basis for the court to deny the
petition for adoption. In addition, the court may not grant an adoption
if a petitioner for adoption has been convicted of a nonwaivable offense
under IC 31-9-2-84.8. However, the court is not prohibited from
granting an adoption based upon a felony conviction for:
(1) a felony under IC 9-30-5;
(2) battery (IC 35-42-2-1);
(3) criminal recklessness (IC 35-42-2-2) as a felony;
(4) criminal confinement (IC 35-42-3-3);
(5) arson (IC 35-43-1-1);
(6) nonsupport of a dependent child (IC 35-46-1-5);
(7) operating a motorboat while intoxicated (IC 35-46-9-6) as a
felony;
(8) a felony involving a weapon under IC 35-47; or
(9) a felony relating to controlled substances under IC 35-48-4;
if the date of the conviction did not occur within the immediately
preceding five (5) year period.
(d) A court may not grant an adoption if the petitioner is a sex or
violent offender (as defined in IC 11-8-8-5) or a sexually violent
predator (as defined in IC 35-38-1-7.5).
(e) In addition to this section, section 1.1 of this chapter applies
when one (1) or more petitioners is a person with a disability.
[Pre-1997 Recodification Citations: 31-3-1-8(a);
31-3-1.5-14(c).]

Legislative History

As added by P.L.1-1997, SEC.11. Amended by P.L.257-1997(ss), SEC.38; P.L.200-1999, SEC.23; P.L.1-2002, SEC.126; P.L.123-2002, SEC.29; P.L.129-2005, SEC.3; P.L.140-2006, SEC.17 and P.L.173-2006, SEC.17; P.L.145-2006, SEC.253; P.L.1-2007, SEC.196; P.L.138-2007, SEC.44; P.L.216-2007, SEC.34; P.L.3-2008, SEC.238; P.L.21-2010, SEC.7; P.L.162-2011, SEC.16; P.L.128-2012, SEC.56; P.L.158-2013, SEC.311; P.L.243-2019, SEC.5; P.L.142-2020, SEC.38; P.L.146-2021, SEC.9; P.L.56-2023, SEC.282.