Indiana § 31-19-9-2 Execution and acknowledgment of consent; timing; restrictions

Indiana Statutes

§ 31-19-9-2 — Execution and acknowledgment of consent; timing; restrictions

Indiana § 31-19-9-2

Art. 19FAMILY LAW: ADOPTION

Ch. 9Consent to Adoption

This text of Indiana § 31-19-9-2 (Execution and acknowledgment of consent; timing; restrictions) 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 § 31-19-9-2 (2026).

Text

(a)The consent to adoption may be executed or acknowledged at any time after the birth of the child, either in the presence of:

(1)the court, in person or by video conferencing;

(2)a notary public or other person authorized to take acknowledgments; or

(3)an authorized agent of:

(A)the department; or

(B)a licensed child placing agency.

(b)The child's mother may not execute a consent to adoption before the birth of the child.

(c)The child's father may execute a consent to adoption before the birth of the child if the consent to adoption:

(1)is in writing;

(2)is signed by the child's father in the presence of a notary public; and

(3)contains an acknowledgment that:

(A)the consent to adoption is irrevocable; and

(B)the child's father will not receive notice of the adoption proceed

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(a) The consent to adoption may be executed
or acknowledged at any time after the birth of the child, either in the
presence of:
(1) the court, in person or by video conferencing;
(2) a notary public or other person authorized to take
acknowledgments; or
(3) an authorized agent of:
(A) the department; or
(B) a licensed child placing agency.
(b) The child's mother may not execute a consent to adoption before
the birth of the child.
(c) The child's father may execute a consent to adoption before the
birth of the child if the consent to adoption:
(1) is in writing;
(2) is signed by the child's father in the presence of a notary
public; and
(3) contains an acknowledgment that:
(A) the consent to adoption is irrevocable; and
(B) the child's father will not receive notice of the adoption
proceedings.
(d) A child's father who consents to the adoption of the child under
subsection (c) may not challenge or contest the child's adoption.
(e) Except as provided in subsection (f) or (g), a person who
executes a written consent to the adoption of a child may not execute
a second or subsequent written consent to have another person adopt
the child unless one (1) or more of the following apply:
(1) Each original petitioner provides a written statement that the
petitioner is not adopting the child.
(2) The person consenting to the adoption has been permitted to
withdraw the first consent to adoption under IC 31-19-10.
(3) The court dismisses the petition for adoption filed by the
original petitioner or petitioners for adoption based upon a
showing, by clear and convincing evidence, that it is not in the
best interests of the child that the petition for adoption be granted.
(4) The court denies the petition to adopt the child filed by the
original petitioner or petitioners for adoption.
(f) The department may execute more than one (1) written consent
to the adoption of a child if the department determines that the
execution of more than one (1) written consent is in the best interests
of the child.
(g) The parents of a child who is a ward of the department may
execute a second or subsequent consent if:
(1) the court with jurisdiction over the child in need of services
determines that adoption by the person to whom consents were
originally signed is not in the child's best interest; or
(2) if the child's placement with the person who has petitioned or
intends to petition to adopt the child is disrupted.
[Pre-1997 Recodification Citation: 31-3-1-6(d).]

Legislative History

As added by P.L.1-1997, SEC.11. Amended by P.L.130-2005, SEC.4; P.L.145-2006, SEC.251; P.L.21-2010, SEC.5; P.L.162-2011, SEC.15; P.L.128-2012, SEC.55; P.L.89-2023, SEC.3.