Contested adoption; burden of proof
Sec. 1.2. (a) If a petition for adoption alleges that a parent's
consent to adoption is unnecessary under:
(1) IC 31-19-9-8(a)(1); or
(2) IC 31-19-9-8(a)(2);
and the parent files a motion to contest the adoption under section 1
of this chapter, a petitioner for adoption has the burden of proving
that the parent's consent to the adoption is unnecessary under
IC 31-19-9-8.
(b) If a petition for adoption alleges that a parent's consent to
adoption is unnecessary under:
(1) IC 31-19-9-8(a)(4)(B); or
(2) IC 31-19-9-8(a)(4)(C);
and the parent files a motion to contest the adoption under section 1
of this chapter, the parent has the burden of proving that the child
was not conceived under circumstances that would cause the parent's
consent to be unnecessary under IC 31-19-9-8(a)(4). The absence of
a criminal prosecution and conviction is insufficient to satisfy the
burden of proof.
(c) If a petition for adoption alleges that a parent's consent to
adoption is unnecessary under IC 31-19-9-8(a)(9) and the parent files
a motion to contest the adoption under section 1 of this chapter, a
petitioner for adoption has the burden of proving that the parent's
consent to the adoption is unnecessary under IC 31-19-9-8(a)(9).
(d) If a petition for adoption alleges that a legal guardian or lawful
custodian's consent to adoption is unnecessary under
IC 31-19-9-8(a)(10) and the legal guardian or lawful custodian files
a motion to contest the adoption under section 1 of this chapter, the
legal guardian or lawful custodian has the burden of proving that the
withholding of the consent to adoption is in the best interests of the
person sought to be adopted.
(e) If a petition for adoption alleges that a parent's consent to
adoption is unnecessary under IC 31-19-9-8(a)(11) and the parent
files a motion to contest the adoption under section 1 of this chapter,
a petitioner for adoption has the burden of proving that the
requirements of IC 31-19-9-8(a)(11) are satisfied and that the best
interests of the child are served if the court dispenses with the
parent's consent to adoption.
(f) If a petition for adoption alleges that a parent's consent to
adoption is unnecessary under:
(1) IC 31-19-9-9; or
(2) IC 31-19-9-10;
and the parent files a motion to contest the adoption under section 1
of this chapter, a petitioner has the burden of proving that the
requirements of IC 31-19-9-9 or IC 31-19-9-10, respectively, are
satisfied and that the best interests of the child are served if the court
dispenses with the parent's consent to adoption.
(g) If a court finds that the person who filed the motion to contest
the adoption is failing to prosecute the motion without undue delay,
the court shall dismiss the motion to contest with prejudice, and the
person's consent to the adoption shall be irrevocably implied.
As added by P.L.61-2003, SEC.16.
Last modified: May 24, 2006