Indiana Code - Family Law and Juvenile Law - Title 31, Section 31-35-1-6

Consent; written denial of paternity bars challenge to adoption or
termination of parental rights

Sec. 6. (a) Except as provided in subsection (b), the parents must
give their consent in open court unless the court makes findings of
fact upon the record that:
(1) the parents gave their consent in writing before a person
authorized by law to take acknowledgments;
(2) the parents were advised in accordance with section 12 of
this chapter; and

(3) the parents failed to appear.
(b) The consent of a parent to the termination of the parent-child
relationship under this chapter is not required if:
(1) consent to the termination of the parent-child relationship is
implied under section 4.5 of this chapter, if the parent is the
putative father;
(2) the parent's consent to the adoption of the child would not
be required under:
(A) IC 31-19-9-8;
(B) IC 31-19-9-9; or
(C) IC 31-19-9-10; or
(3) the child's biological father 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 or
termination of parent-child relationship proceedings.

A child's father who denies paternity of the child under subdivision
(3) may not challenge or contest the child's adoption or termination
of the parent-child relationship.

As added by P.L.1-1997, SEC.18. Amended by P.L.200-1999,
SEC.27; P.L.130-2005, SEC.12.

Last modified: May 24, 2006