Establishment of paternity by putative father; restrictions
Sec. 17. (a) A putative father whose consent to an adoption is
implied under section 15 of this chapter is not entitled to establish
paternity of the child:
(1) in a court proceeding under IC 31-14; or
(2) by executing a paternity affidavit under IC 16-37-2-2.1.
(b) Notwithstanding subsection (a), a putative father who is barred
from establishing paternity of the child under subsection (a) may
establish paternity of the child in a court proceeding under IC 31-14
if:
(1) the putative father submits, together with the petition to
establish paternity, an affidavit prepared by the:
(A) licensed child placing agency; or
(B) attorney;
that served notice or caused notice to be served upon the
putative father under IC 31-19-3-1 stating that neither a petition
for adoption nor a placement of the child in a proposed adoptive
home is pending; and
(2) the court finds on the record, based on all the information
available to the court, including an affidavit described under
subdivision (1), that neither a:
(A) petition for adoption; nor
(B) placement of the child in a prospective adoptive home;
is pending.
The requirements of this subsection are jurisdictional and must be
strictly adhered to by the putative father and the court.
(c) An individual who is otherwise barred from establishing
paternity under this article may establish paternity in relation to a
child if an adoption for the child is not pending or contemplated. A
petition for adoption that is not filed or a petition for adoption that
is dismissed is not a basis for enabling an individual to establish
paternity under this section unless the requirements of subsection (b)
are satisfied.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999,
SEC.22; P.L.61-2003, SEC.12.
Last modified: May 24, 2006