Indiana § 31-19-9-10 Parent's crime against child or child's sibling; effect on consent
requirement

Indiana Statutes

§ 31-19-9-10 — Parent's crime against child or child's sibling; effect on consent requirement

Indiana·Art. 19 FAMILY LAW: ADOPTION·Ch. 9 Consent to Adoption

A court shall determine that consent to adoption is not required from a parent if:

(1)the parent is convicted of and incarcerated at the time of the filing of a petition for adoption for:

(A)murder (IC 35-42-1-1);

(B)causing suicide (IC 35-42-1-2);

(C)voluntary manslaughter (IC 35-42-1-3);

(D)rape (IC 35-42-4-1);

(E)criminal deviate conduct (IC 35-42-4-2) (before its repeal);

(F)child molesting (IC 35-42-4-3) as a:

(i)Class A or Class B felony, for a crime committed before July 1, 2014; or

(ii)Level 1, Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014;

(G)incest (IC 35-46-1-3) as a:

(i)Class B felony, for a crime committed before July 1, 2014; or

(ii)Level 4 felony, for a crime committed after June 30, 2014;

(H)neglect of a dependent (IC 35-46-1-4)

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A court shall determine that consent to
adoption is not required from a parent if:
(1) the parent is convicted of and incarcerated at the time of the
filing of a petition for adoption for:
(A) murder (IC 35-42-1-1);
(B) causing suicide (IC 35-42-1-2);
(C) voluntary manslaughter (IC 35-42-1-3);
(D) rape (IC 35-42-4-1);
(E) criminal deviate conduct (IC 35-42-4-2) (before its repeal);
(F) child molesting (IC 35-42-4-3) as a:
(i) Class A or Class B felony, for a crime committed before
July 1, 2014; or
(ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime
committed after June 30, 2014;
(G) incest (IC 35-46-1-3) as a:
(i) Class B felony, for a crime committed before July 1, 2014;
or
(ii) Level 4 felony, for a crime committed after June 30,
2014;
(H) neglect of a dependent (IC 35-46-1-4) as a:
(i) Class B felony, for a crime committed before July 1, 2014;
or
(ii) Level 1 or Level 3 felony, for a crime committed after
June 30, 2014;
(I) battery (IC 35-42-2-1) of a child as a:
(i) Class C felony, for a crime committed before July 1, 2014;
or
(ii) Level 5 felony, for a crime committed after June 30,
2014;
(J) battery (IC 35-42-2-1) as a:
(i) Class A or Class B felony, for a crime committed before
July 1, 2014; or
(ii) Level 2, Level 3, or Level 4 felony, for a crime committed
after June 30, 2014;
(K) domestic battery (IC 35-42-2-1.3) as a Level 5, Level 4,
Level 3, or Level 2 felony; or
(L) aggravated battery (IC 35-42-2-1.5) as a Level 3 or Level 1
felony;
(2) the child or the child's sibling, half-blood sibling, or
step-sibling of the parent's current marriage is the victim of the
offense; and
(3) after notice to the parent and a hearing, the court determines
that dispensing with the parent's consent to adoption is in the
child's best interests.
[Pre-1997 Recodification Citation: 31-3-1-6(m).]

Indiana § 31-19-9-10 (Parent's crime against child or child's sibling; effect on consent requirement) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.1-1997, SEC.11. Amended by P.L.222-2001, SEC.1; P.L.158-2013, SEC.310; P.L.214-2013, SEC.23; P.L.168-2014, SEC.38; P.L.65-2016, SEC.13; P.L.210-2019, SEC.4; P.L.142-2020, SEC.37.