Time for filing action
Sec. 3. (a) This section does not apply to an action filed by the
division of family and children or its agents under section 4 of this
chapter (or IC 31-6-6.1-6(c) before its repeal).
(b) The mother, a man alleging to be the child's father, or the
division of family and children or its agents must file a paternity
action not later than two (2) years after the child is born, unless:
(1) both the mother and the alleged father waive the limitation
on actions and file jointly;
(2) support has been furnished by the alleged father or by a
person acting on his behalf, either voluntarily or under an
agreement with:
(A) the mother;
(B) a person acting on the mother's behalf; or
(C) a person acting on the child's behalf;
(3) the mother, the division of family and children, or the
county office of family and children files a petition after the
alleged father has acknowledged in writing that he is the child's
biological father;
(4) the alleged father files a petition after the mother has
acknowledged in writing that he is the child's biological father;
(5) the petitioner was incompetent at the time the child was
born; or
(6) a responding party cannot be served with summons during
the two (2) year period.
(c) If any of the conditions described in subsection (b) exist, the
paternity petition must be filed not later than two (2) years after the
condition described in subsection (b) ceases to exist.
As added by P.L.1-1997, SEC.6.
Last modified: May 24, 2006