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 § 31-19-9-10

Art. 19FAMILY LAW: ADOPTION

Ch. 9Consent to Adoption

This text of Indiana § 31-19-9-10 (Parent's crime against child or child's sibling; effect on consent requirement) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 31-19-9-10 (2026).

Text

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).]

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.