§ 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 § 31-35-1-6

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

Text

(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.]

Legislative History

As added by P.L.1-1997, SEC.18. Amended by P.L.200-1999, SEC.27; P.L.130-2005, SEC.12; P.L.146-2007, SEC.14; P.L.58-2009, SEC.31.