Parent's crime against child or child's sibling; effect on consent
requirement
Sec. 10. A court shall determine that consent to adoption is not
required from a parent if:
(1) the parent is convicted of and incarcerated at the time of the
filing of a petition for adoption for:
(A) murder (IC 35-42-1-1);
(B) causing suicide (IC 35-42-1-2);
(C) voluntary manslaughter (IC 35-42-1-3);
(D) rape (IC 35-42-4-1);
(E) criminal deviate conduct (IC 35-42-4-2);
(F) child molesting as a Class A or Class B felony (IC
35-42-4-3);
(G) incest as a Class B felony (IC 35-46-1-3);
(H) neglect of a dependent as a Class B felony (IC
35-46-1-4);
(I) battery of a child as a Class C felony (IC
35-42-2-1(a)(3));
(J) battery as a Class A felony (IC 35-42-2-1(a)(5)) or Class
B felony (IC 35-42-2-1(a)(4)); or
(K) an attempt under IC 35-41-5-1 to commit an offense
described in clauses (A) through (J);
(2) the child or the child's sibling, half-blood sibling, or
step-sibling of the parent's current marriage is the victim of the
offense; and
(3) after notice to the parent and a hearing, the court determines
that dispensing with the parent's consent to adoption is in the
child's best interests.
As added by P.L.1-1997, SEC.11. Amended by P.L.222-2001, SEC.1.
Last modified: May 24, 2006