CHAPTER 3. NOTICE OF ADOPTION BEFORE BIRTH OF CHILD
IC 31-19-3
Chapter 3. Notice of Adoption Before Birth of Child
IC 31-19-3-1
Prebirth notice to putative father
Sec. 1. Before the birth of a child:
(1) a licensed child placing agency;
(2) an attorney representing prospective adoptive parents of the
child; or
(3) an attorney representing the mother of the child;
may serve the putative father of the child or cause the putative father
to be served with actual notice that the mother of the child is
considering an adoptive placement for the child.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999,
SEC.10.
IC 31-19-3-2
Notice not compelling adoptive placement
Sec. 2. Providing the putative father with actual notice under
section 1 of this chapter does not obligate the mother of the child to
proceed with an adoptive placement of the child.
As added by P.L.1-1997, SEC.11.
IC 31-19-3-3
Affidavit of service of actual notice
Sec. 3. (a) Upon the filing of a petition for adoption:
(1) the licensed child placing agency sponsoring the adoption;
or
(2) the attorney representing the prospective adoptive parents;
shall submit to the court an affidavit setting forth the circumstances
surrounding the service of actual notice, including the time, if
known, date, and manner in which the actual notice was provided.
(b) If notice is served upon the putative father under section 1(3)
of this chapter:
(1) the licensed child placing agency sponsoring the adoption;
or
(2) the attorney representing the prospective adoptive parents;
shall submit to the court an affidavit prepared by the attorney
representing the mother of the child. An affidavit filed under this
subsection must contain the same information as an affidavit filed
under subsection (a).
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,
SEC.14; P.L.200-1999, SEC.11.
IC 31-19-3-4
Form of notice
Sec. 4. Notice of the potential adoption under this chapter must be
provided to the putative father of the child in substantially the
following form:
"______________ (putative father's name), who has been named
as the father of the unborn child of __________ (birth mother's
name), or who claims to be the father of the unborn child, is notified
that __________ (birth mother's name) has expressed an intention to
secure an adoptive placement for the child.
If ___________ (putative father's name) seeks to contest the
adoption of the unborn child, the putative father must file a paternity
action to establish his paternity in relation to the unborn child not
later than thirty (30) days after the receipt of this notice.
If ___________ (putative father's name) does not file a paternity
action not more than thirty (30) days after receiving this notice, or
having filed a paternity action, is unable to establish paternity in
relation to the child under IC 31-14 or the laws applicable to a court
of another state when the court obtains jurisdiction over the paternity
action, the putative father's consent to the adoption or the voluntary
termination of the putative father's parent-child relationship under
IC 31-35-1, or both, shall be irrevocably implied and the putative
father loses the right to contest the adoption, the validity of his
implied consent to the adoption, the termination of the parent-child
relationship, and the validity of his implied consent to the
termination of the parent-child relationship. In addition, the putative
father loses the right to establish paternity of the child under
IC 31-14 or in a court of another state when the court would
otherwise be competent to obtain jurisdiction over the paternity
action, except as provided in IC 31-19-9-17(b).
Nothing ____________ (mother's name) or anyone else says to
__________ (putative father's name) relieves ____________
(putative father's name) of his obligations under this notice.
Under Indiana law, a putative father is a person who is named as
or claims that he may be the father of a child born out of wedlock but
who has not yet been legally proven to be the child's father.
For purposes of this notice, _____________ (putative father's
name) is a putative father under the laws in Indiana regarding
adoption.".
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999,
SEC.12.
IC 31-19-3-5
Putative father's notice of paternity action
Sec. 5. A putative father who files a paternity action as described
by IC 31-19-9-15(2) after receiving notice of a potential adoption
from an attorney or a licensed child placing agency under section 1
of this chapter shall notify the attorney or agency that the paternity
action has been filed. The notice must include the following
information:
(1) The name of the court.
(2) The cause number.
(3) The date of filing.
As added by P.L.1-1997, SEC.11.
IC 31-19-3-6
Adoptive parents' intervention in paternity action
Sec. 6. If a putative father fails to provide notice to an attorney or
a licensed child placing agency under section 5 of this chapter (or
under IC 31-3-1-6.4(i) before its repeal), upon a motion of the
prospective adoptive parents the court having jurisdiction over the
paternity action shall allow the prospective adoptive parents to
intervene in the paternity action under Rule 24 of the Indiana Rules
of Trial Procedure.
As added by P.L.1-1997, SEC.11.
IC 31-19-3-7
Vacation of paternity determination; intervention by adoptive
parents
Sec. 7. If the court has already established the paternity of a father
who fails to provide notice under section 5 of this chapter (or under
IC 31-3-1-6.4(i) before its repeal), upon motion of the prospective
adoptive parents the court shall:
(1) set aside the paternity determination in order to reinstate the
paternity action; and
(2) allow the prospective adoptive parents to intervene as
described under section 6 of this chapter.
As added by P.L.1-1997, SEC.11.
IC 31-19-3-8
Applicability of Rules of Trial Procedure
Sec. 8. The Indiana Rules of Trial Procedure do not apply to the
giving of notice under this chapter.
As added by P.L.200-1999, SEC.13.
IC 31-19-3-9
Validity of notice; putative father residing outside Indiana
Sec. 9. (a) A notice served in accordance with this chapter on a
putative father who is a resident of Indiana is valid regardless of
whether the notice is served within or outside Indiana.
(b) A notice served in accordance with this chapter outside
Indiana on a putative father who is not a resident of Indiana is valid
if the child was conceived:
(1) in Indiana; or
(2) outside Indiana, if the laws of the state in which the:
(A) father:
(i) is served notice; or
(ii) resides; or
(B) child was conceived;
allow a paternity or similar action to be filed before the birth of
a child.
As added by P.L.146-2007, SEC.4.