Consent to adoption not required; written denial of paternity
precludes challenge to adoption
Sec. 8. (a) Consent to adoption, which may be required under
section 1 of this chapter, is not required from any of the following:
(1) A parent or parents if the child is adjudged to have been
abandoned or deserted for at least six (6) months immediately
preceding the date of the filing of the petition for adoption.
(2) A parent of a child in the custody of another person if for a
period of at least one (1) year the parent:
(A) fails without justifiable cause to communicate
significantly with the child when able to do so; or
(B) knowingly fails to provide for the care and support of the
child when able to do so as required by law or judicial
decree.
(3) The biological father of a child born out of wedlock whose
paternity has not been established:
(A) by a court proceeding other than the adoption
proceeding; or
(B) by executing a paternity affidavit under IC 16-37-2-2.1.
(4) The biological father of a child born out of wedlock who
was conceived as a result of:
(A) a rape for which the father was convicted under
IC 35-42-4-1;
(B) child molesting (IC 35-42-4-3);
(C) sexual misconduct with a minor (IC 35-42-4-9); or
(D) incest (IC 35-46-1-3).
(5) The putative father of a child born out of wedlock if the
putative father's consent to adoption is irrevocably implied
under section 15 of this chapter.
(6) The biological father of a child born out of wedlock if the:
(A) father's paternity is established after the filing of a
petition for adoption in a court proceeding or by executing
a paternity affidavit under IC 16-37-2-2.1; and
(B) father is required to but does not register with the
putative father registry established by IC 31-19-5 within the
period required by IC 31-19-5-12.
(7) A parent who has relinquished the parent's right to consent
to adoption as provided in this chapter.
(8) A parent after the parent-child relationship has been
terminated under IC 31-35 (or IC 31-6-5 before its repeal).
(9) A parent judicially declared incompetent or mentally
defective if the court dispenses with the parent's consent to
adoption.
(10) A legal guardian or lawful custodian of the person to be
adopted who has failed to consent to the adoption for reasons
found by the court not to be in the best interests of the child.
(11) A parent if:
(A) a petitioner for adoption proves by clear and convincing
evidence that the parent is unfit to be a parent; and
(B) the best interests of the child sought to be adopted would
be served if the court dispensed with the parent's consent.
(12) A child's biological father who denies paternity of the child
before or after the birth of the child if the denial of paternity:
(A) is in writing;
(B) is signed by the child's father in the presence of a notary
public; and
(C) contains an acknowledgment that:
(i) the denial of paternity is irrevocable; and
(ii) the child's father will not receive notice of adoption
proceedings.
A child's father who denies paternity of the child under this
subdivision may not challenge or contest the child's adoption.
(b) If a parent has made only token efforts to support or to
communicate with the child the court may declare the child
abandoned by the parent.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,
SEC.18; P.L.61-2003, SEC.11; P.L.130-2005, SEC.5.
Last modified: May 24, 2006