§ 31-19-9-8 — Consent to adoption not required; written denial of paternity precludes challenge to adoption

Indiana § 31-19-9-8

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

Text

(a) Consent to adoption, which may be required
under section 1 of this chapter, is not required from any of the
following:
(1) A parent or parents if the child is adjudged to have been
abandoned or deserted for at least six (6) months immediately
preceding the date of the filing of the petition for adoption.
(2) A parent of a child in the custody of another person if for a
period of at least one (1) year the parent:
(A) fails without justifiable cause to communicate significantly
with the child when able to do so; or
(B) knowingly fails to provide for the care and support of the
child when able to do so as required by law or judicial decree.
(3) The biological father of a child born out of wedlock whose
paternity has not been established:
(A) by a court proceeding other than the adoption proceeding;
or
(B) by executing a paternity affidavit under IC 16-37-2-2.1.
(4) The biological father of a child born out of wedlock who was
conceived as a result of:
(A) a rape for which the father was convicted under IC 35-42-4-1;
(B) child molesting (IC 35-42-4-3);
(C) sexual misconduct with a minor (IC 35-42-4-9); or
(D) incest (IC 35-46-1-3).
(5) The putative father of a child born out of wedlock if the
putative father's consent to adoption is irrevocably implied under
section 15 of this chapter.
(6) The biological father of a child born out of wedlock if the:
(A) father's paternity is established after the filing of a petition
for adoption in a court proceeding or by executing a paternity
affidavit under IC 16-37-2-2.1; and
(B) father is required to but does not register with the putative
father registry established by IC 31-19-5 within the period
required by IC 31-19-5-12.
(7) A parent who has relinquished the parent's right to consent to
adoption as provided in this chapter.
(8) A parent after the parent-child relationship has been
terminated under IC 31-35 (or IC 31-6-5 before its repeal).
(9) A parent judicially declared incompetent or mentally defective
if the court dispenses with the parent's consent to adoption.
(10) A legal guardian or lawful custodian of the person to be
adopted who has failed to consent to the adoption for reasons
found by the court not to be in the best interests of the child.
(11) A parent if:
(A) a petitioner for adoption proves by clear and convincing
evidence that the parent is unfit to be a parent; and
(B) the best interests of the child sought to be adopted would be
served if the court dispensed with the parent's consent.
(12) A child's biological father who denies paternity of the child
before or after the birth of the child if the denial of paternity:
(A) is in writing;
(B) is signed by the child's father in the presence of a notary
public; and
(C) contains an acknowledgment that:
(i) the denial of paternity is irrevocable; and
(ii) the child's father will not receive notice of adoption
proceedings.
A child's father who denies paternity of the child under this
subdivision may not challenge or contest the child's adoption.
(13) A deceased person.
(b) If a parent has made only token efforts to support or to
communicate with the child the court may declare the child abandoned
by the parent.
[Pre-1997 Recodification Citation: 31-3-1-6(k).]

Legislative History

As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.18; P.L.61-2003, SEC.11; P.L.130-2005, SEC.5; P.L.113-2017, SEC.5; P.L.142-2020, SEC.35; P.L.89-2023, SEC.4.