SB 422-4_ Filed 04/07/2005, 07:30 Orentlicher


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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 422 be amended to read as follows:

SOURCE: Page 2, line 38; (05)MO042209.2. -->     Page 2, line 38, delete "and".
    Page 2, line 40, delete "the consent to adoption is irrevocable; and" and insert " the child's father may seek to withdraw consent not later than the earlier of the following dates:
                (i) forty-five (45) days after the expected date of delivery of the child, as determined by a physician; or
                (ii) thirty (30) days after the date the child is born,
if the petitioner for adoption has provided the notice required under IC 31-19-10-3.5(a); and".
    Page 3, delete lines 1 through 3, begin a new line block indented and insert:
        " (4) includes a form to withdraw consent.
SOURCE: IC 31-19-9-4; (05)MO042209.5. -->     SECTION 5. IC 31-19-9-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. The division of family and children:
         (1) may furnish to the clerks of courts prescribed forms for use by parents or other persons when giving consent to adoption; and
        (2) may furnish prescribed forms for use by parents or other persons to withdraw consent for adoption.

SOURCE: IC 31-19-9-6; (05)MO042209.6. -->     SECTION 6. IC 31-19-9-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. The individual who or agency that arranges for the signing of a consent to adoption shall provide each birth parent whose consent to adoption is obtained under this chapter with the following:
        (1) An explanation concerning the:
            (A) availability of adoption history information under IC 31-19-17 through IC 31-19-25; and
            (B) birth parent's option to file a nonrelease form with the state registrar if the birth parent seeks to restrict the release of identifying information;
            (C) birth parent's right and time limits to withdraw consent to adoption under IC 31-19-10; and
            (D) form to withdraw consent.

        (2) A nonrelease form prescribed by the state registrar under IC 31-19-25-4.".
SOURCE: Page 4, line 30; (05)MO042209.4. -->     Page 4, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: IC 31-19-10-1; (05)MO042209.9. -->     "SECTION 9. IC 31-19-10-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) Except as provided in subsection (c), only a person entitled to notice of adoption under IC 31-19-4 or IC 31-19-4.5 may contest an adoption.
    (b) A person contesting an adoption must file a motion to contest the adoption with the court not later than thirty (30) days after service of notice of the pending adoption.
    (c) A person seeking to withdraw consent to an adoption must file:
         (1) a motion to withdraw consent to the adoption with the court; or
        (2) a form to withdraw a consent to an adoption under IC 31-19-9-2(c).

SOURCE: IC 31-19-10-2; (05)MO042209.10. -->     SECTION 10. IC 31-19-10-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. A person seeking to withdraw consent to an adoption under section 3 or 3.5 of this chapter or contesting an adoption must give notice of intent to withdraw consent to or contest the adoption to the following persons:
        (1) All parties to the adoption.
        (2) A person whose consent to adoption is required by IC 31-19-9.
SOURCE: IC 31-19-10-3; (05)MO042209.11. -->     SECTION 11. IC 31-19-10-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) Except as provided under section 3.5 of this chapter, a consent to adoption may be withdrawn not later than thirty (30) days after consent to adoption is signed if:
        (1) the court finds, after notice and opportunity to be heard afforded to the petitioner for adoption, that the person seeking the withdrawal is acting in the best interest of the person sought to be adopted; and
        (2) the court orders the withdrawal.
    (b) Except as provided under section 3.5 of this chapter, a consent to adoption may not be withdrawn after:
        (1) thirty (30) days after the consent to adoption is signed;
        (2) the person who signs the consent to adoption appears before a court in which the petition for adoption has been or will be filed; or
        (3) the person who signs the consent to adoption appears before

a court of competent jurisdiction if the parent is outside of Indiana and acknowledges that the person:
            (A) understood the consequences of the signing of the consent to adoption;
            (B) freely and voluntarily signed the consent to adoption; and
            (C) believes that adoption is in the best interests of the person to be adopted;
whichever occurs first.

SOURCE: IC 31-19-10-3.5; (05)MO042209.12. -->     SECTION 12. IC 31-19-10-3.5 IS ADDED AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.5. (a) A consent to adoption under IC 31-19-9-2(c) may be withdrawn not later than the earlier of the following dates:
        (1) Forty-five (45) days after the expected date of delivery of the child, as determined by a physician.
        (2) Thirty (30) days after the date the child is born,
if the petitioner for adoption sends notice by certified or registered mail not later than seven (7) days after the date the child is born that includes:
            (A) the date the child was born;
            (B) notice that the child's father has thirty (30) days from the date of birth to file a form to withdraw consent to the adoption with the court; and
            (C) a form to withdraw consent.
    (b) If a child's father files with the court a form to withdraw consent to adoption under IC 31-19-9-2(c), the consent to adoption is withdrawn.

     (c) A consent to adoption under IC 31-19-9-2(c) may not be withdrawn after the time limits set forth in subsection (a).".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 422 as printed April 5, 2005.)

________________________________________

Representative Orentlicher


MO042209/DI 107     2005