Indiana § 31-35-1-6 Consent; written denial of paternity or consent to termination of
relationship before birth of child bars challenge to adoptions or
termination of parental rights

Indiana Statutes

§ 31-35-1-6 — Consent; written denial of paternity or consent to termination of relationship before birth of child bars challenge to adoptions or termination of parental rights

Indiana·Art. 35 JUVENILE LAW: TERMINATION OF·Ch. 1 Voluntary Termination of Parent-Child Relationship by

(a)Except as provided in subsection (c), the parents must give their consent in open court unless the court makes findings of fact upon the record that:

(1)the parents gave their consent in writing before a person authorized by law to take acknowledgments; and

(2)the parents were:

(A)advised in accordance with section 12 of this chapter; and

(B)advised that if they choose to appear in open court, the only issue before the court is whether their consent was voluntary.

(b)If:

(1)the court finds the conditions under subsection (a)(1) and

(a)(2) have been met; and

(2)a parent appears in open court; a court may consider only the issue of whether the parent's consent was voluntary.

(c)The consent of a parent to the termination of the parent-child relationship under this chapter is not r

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(a) Except as provided in subsection (c), the
parents must give their consent in open court unless the court makes
findings of fact upon the record that:
(1) the parents gave their consent in writing before a person
authorized by law to take acknowledgments; and
(2) the parents were:
(A) advised in accordance with section 12 of this chapter; and
(B) advised that if they choose to appear in open court, the only
issue before the court is whether their consent was voluntary.
(b) If:
(1) the court finds the conditions under subsection (a)(1) and
(a)(2) have been met; and
(2) a parent appears in open court;
a court may consider only the issue of whether the parent's consent was
voluntary.
(c) The consent of a parent to the termination of the parent-child
relationship under this chapter is not required if:
(1) consent to the termination of the parent-child relationship is
implied under section 4.5 of this chapter, if the parent is the
putative father;
(2) the parent's consent to the adoption of the child would not be
required under:
(A) IC 31-19-9-8;
(B) IC 31-19-9-9; or
(C) IC 31-19-9-10;
(3) the child's biological father 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 or
termination of parent-child relationship proceedings; or
(4) the child's biological father consents to the termination of the
parent-child relationship before the birth of the child if the
consent:
(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 consent to the termination of the parent-child
relationship is irrevocable; and
(ii) the child's father will not receive notice of adoption or
termination of parent-child relationship proceedings.
A child's father who denies paternity of the child under subdivision (3)
or consents to the termination of the parent-child relationship under
subdivision (4) may not challenge or contest the child's adoption or
termination of the parent-child relationship.
(d) A child's mother may not consent to the termination of the
parent-child relationship before the birth of the child.
[Pre-1997 Recodification Citation: 31-6-5-2(c) part.]

Indiana § 31-35-1-6 (Consent; written denial of paternity or consent to termination of relationship before birth of child bars challenge to adoptions or termination of parental rights) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.