§ 31-19-2-2 — Adoption of minor child; petition; venue; substituting petitioner

(a) Except as provided in subsection (b), an
individual who seeks to adopt a child less than eighteen (18) years of
age must, 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;
(3) the attorney maintains an office; or
(4) the child resides.
(b) A petition for adoption of a child less than eighteen (18) years
of age may be filed with the clerk of a court having probate jurisdiction
in any county in Indiana if either of the following is filed with the
petition:
(1) A written consent to the adoption from each individual whose
consent to the adoption is required under IC 31-19-9 that:
(A) is executed by the individual in compliance with IC 31-19-9
not less than thirty (30) days before the petition for adoption is
filed; and
(B) is not subject to a motion to withdraw consent under IC 31-19-10 filed by the individual less than fifteen (15) days after
the consent is executed.
(2) A certified copy of a court order terminating the parental
rights of each parent whose consent to the child's adoption is
required under IC 31-19-9.
(c) The county in which the petition for adoption may be filed is a
matter of venue and not jurisdiction.
(d) 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.
(e) If an amended petition or second petition is filed as described in
subsection (d):
(1) the amended petition or second petition relates back to the
date of the original petition; and
(2) a required notice that was provided with regard to the original
petition satisfies the same notice requirement for the purposes of
the second or amended petition.
[Pre-1997 Recodification Citation: 31-3-1-1(a).]

Legislative History

As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.2; P.L.203-2021, SEC.3; P.L.89-2023, SEC.1.