First Regular Session 114th General Assembly (2005)


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    SENATE ENROLLED ACT No. 422




     AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 31-19-4-8; (05)SE0422.1.1. -->     SECTION 1. IC 31-19-4-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. (a) The notice required by this chapter may be waived in writing before or after the birth of a child.
    (b) A waiver of notice under subsection (a) must:
        (1) be in writing and signed in the presence of a notary public; and
        (2) acknowledge that:
             (A) the waiver is irrevocable; and
            (B) the person signing the waiver will not receive notice of the adoption proceedings.

A person who waives notice of an adoption may not subsequently challenge or contest an adoption of the child.
SOURCE: IC 31-19-4-9; (05)SE0422.1.2. -->     SECTION 2. IC 31-19-4-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. The notice required by this chapter is not necessary:
         (1) if actual notice has been given to a putative father under IC 31-19-3; or
        (2) if:
            (A) a person has attempted to give notice to a putative father at a particular address under IC 31-19-3; and
            (B) the putative father could not be located at that address;
        unless the putative father registers that address with the putative father registry under IC 31-19-5.

SOURCE: IC 31-19-4.5-4; (05)SE0422.1.3. -->     SECTION 3. IC 31-19-4.5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) The notice required by this chapter may be waived in writing before or after the birth of a child.
    (b) A waiver of notice under subsection (a) must:
        (1) be in writing and signed in the presence of a notary public; and
        (2) acknowledge that:
             (A) the waiver is irrevocable; and
            (B) the person signing the waiver will not receive notice of the adoption proceedings.

A person who waives notice of an adoption may not challenge or contest an adoption of the child.
SOURCE: IC 31-19-9-2; (05)SE0422.1.4. -->     SECTION 4. IC 31-19-9-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) The consent to adoption may be executed at any time after the birth of the child either in the presence of:
        (1) the court;
        (2) a notary public or other person authorized to take acknowledgments; or
        (3) an authorized agent of:
            (A) the division of family and children;
            (B) a county office of family and children; or
            (C) a licensed child placing agency.
     (b) The child's mother may not execute a consent to adoption before the birth of the child.
    (c) The child's father may execute a consent to adoption before the birth of the child if the consent to adoption:
        (1) is in writing;
        (2) is signed by the child's father in the presence of a notary public; and
        (3) contains an acknowledgment that:
            (A) the consent to adoption is irrevocable; and
            (B) the child's father will not receive notice of the adoption proceedings.
    (d) A child's father who consents to the adoption of the child under subsection (c) may not challenge or contest the child's adoption.

SOURCE: IC 31-19-9-8; (05)SE0422.1.5. -->     SECTION 5. IC 31-19-9-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: 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.
SOURCE: IC 31-19-10-0.5; (05)SE0422.1.6. -->     SECTION 6. IC 31-19-10-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 0.5. The party bearing the burden of proof in a proceeding under this chapter must prove the party's case by clear and convincing evidence.
SOURCE: IC 31-19-12-5; (05)SE0422.1.7. -->     SECTION 7. IC 31-19-12-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) As used in this section, "record" includes the following:
        (1) A court document.
        (2) A medical record.
        (3) A social or medical history.
        (4) A photograph.
        (5) Correspondence being held for the benefit of:
            (A) a birth parent;
            (B) a person who was adopted;
            (C) an adoptive parent; or
            (D) a sibling of the person who was adopted.
    (b) A child placing agency, governmental entity, or licensed attorney who arranges or facilitates an adoption may, after entry of the adoption decree, transfer an adoption record to the state registrar for inclusion in the adoption history program

administered by the state registrar, or, after giving notice to the state registrar, to a transferee agency that assumes responsibility for the preservation of records maintained as part of the adoption history program.
    (c) An attorney who complies with this section does not violate attorney-client privilege.
    (d) A record maintained or transferred under this section is confidential.

SOURCE: IC 31-19-15-1; (05)SE0422.1.8. -->     SECTION 8. IC 31-19-15-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) Except as provided in section 2 of this chapter or IC 31-19-16, if the biological parents of an adopted person are alive, the biological parents are:
        (1) relieved of all legal duties and obligations to the adopted child; and
        (2) divested of all rights with respect to the child;
after the adoption.
     (b) The obligation to support the adopted person continues until the entry of the adoption decree. The entry of the adoption decree does not extinguish the obligation to pay past due child support owed for the adopted person before the entry of the adoption decree.
SOURCE: IC 31-19-15-2; (05)SE0422.1.9. -->     SECTION 9. IC 31-19-15-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) If the adoptive parent of a child is married to a biological parent of the child, the parent-child relationship of the biological parent is not affected by the adoption.
     (b) If the adoptive parent of a child is married to a previous adoptive parent, the parent-child relationship of the previous adoptive parent is not affected by the adoption.
    (b) (c) After the adoption, the adoptive father or mother, or both:
        (1) occupy the same position toward the child that the adoptive father or the adoptive mother, or both, would occupy if the adoptive father or adoptive mother, or both, were the biological father or mother; and
        (2) are jointly and severally liable for the maintenance and education of the person.
SOURCE: IC 31-19-18-5; (05)SE0422.1.10. -->
SOURCE: IC 31-19-18-5. -->     SECTION 10. IC 31-19-18-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. The state registrar:
        (1) may adopt rules under IC 4-22-2; and
        (2) shall prescribe forms necessary;
to implement this chapter, IC 31-19-12-5, and IC 31-19-19 through IC 31-19-24.
SOURCE: IC 31-19-28-1; (05)SE0422.1.11. -->     SECTION 11. IC 31-19-28-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. Whenever a person is adopted outside Indiana, under the laws of the state, territory, or country where the adoption took place:
        (1) the adoption decree:
            (A) when filed with the clerk of the court of any county in Indiana; and
            (B) when entered upon the order book of the court in open session;
        has the same force and effect as if the adoption decree were made in accordance with this article; and
        (2) the adopted person:
            (A) has the same rights; and
            (B) is capable of taking by inheritance, upon the death of the adoptive parent, property located in Indiana;
        as though the person had been adopted according to the laws of Indiana; and
        (3) if a name other than a name in the adoption decree is requested, the adopted person shall take the name requested in a petition filed under this section.

SOURCE: IC 31-35-1-6; (05)SE0422.1.12. -->     SECTION 12. IC 31-35-1-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: 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 notified of their constitutional and other legal rights and of the consequences of their actions under 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; or
        (2) the parent's consent to the adoption of the child would not be required under:
             (A) IC 31-19-9-8;
            (A) (B) IC 31-19-9-9; or
            (B) (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.

SOURCE: IC 31-35-1-11; (05)SE0422.1.13. -->     SECTION 13. IC 31-35-1-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. (a) If the court makes findings of fact upon the record that:
        (1) one (1) parent has made a valid consent to the termination of the parent-child relationship;
        (2) the other parent:
            (A) is required under this chapter to consent to the termination of the parent-child relationship;
            (B) cannot be located, after a good faith effort has been made to do so, or has been located but fails to appear at the termination hearing; and
            (C) has been served with notice of the hearing in the most effective means under the circumstances; and
        (3) the investigation that may be required by section 7 of this chapter has been completed and entered on the record;
the court may enter a default judgment against the unavailable parent and terminate as to both parents.
     (b) A parent may waive the notice required by subsection (a)(2)(C) if the waiver:
        (1) is in writing;
        (2) is signed by the parent in the presence of a notary public; and
        (3) contains an acknowledgment that:
            (A) the waiver is irrevocable; and
            (B) the parent will not receive notice of:
                (i) adoption; or
                (ii) termination of parent-child relationship;
            proceedings.
    (c) A parent who waives notice under subsection (b) may not challenge or contest:
        (1) the termination of the parent-child relationship; or
        (2) the child's adoption.

SOURCE: IC 35-46-1-9; (05)SE0422.1.14. -->
SOURCE: IC 35-46-1-9. -->     SECTION 14. IC 35-46-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. (a) Except as provided in subsection (b), a person who, with respect to an adoption, transfers or receives any property in connection with the waiver of parental rights, the termination of parental rights, the consent to adoption, or the petition for adoption commits profiting from an adoption, a Class D felony.
    (b) This section does not apply to the transfer or receipt of:
        (1) reasonable attorney's fees;
        (2) hospital and medical expenses concerning childbirth and pregnancy incurred by the adopted person's birth mother;
        (3) reasonable charges and fees levied by a child placing agency licensed under IC 12-17.4 or by a county office of family and children;
        (4) reasonable expenses for psychological counseling relating to adoption incurred by the adopted person's birth parents;
        (5) reasonable costs of housing, utilities, and phone service for the adopted person's birth mother during the second or third trimester of pregnancy and not more than six (6) weeks after childbirth;
        (6) reasonable costs of maternity clothing for the adopted person's birth mother;
        (7) reasonable travel expenses incurred by the adopted person's birth mother that relate to the pregnancy or adoption;
        (8) any additional itemized necessary living expenses for the adopted person's birth mother during the second or third trimester of pregnancy and not more than six (6) weeks after childbirth, not listed in subdivisions (5) through (7) in an amount not to exceed one thousand dollars ($1,000); or
        (9) other charges and fees approved by the court supervising the adoption, including reimbursement of not more than actual wages lost as a result of the inability of the adopted person's birth mother to work at her regular, existing employment due to a medical condition, excluding a psychological condition, if:
            (A) the attending physician of the adopted person's birth mother has ordered or recommended that the adopted person's birth mother discontinue her employment; and
            (B) the medical condition and its direct relationship to the pregnancy of the adopted person's birth mother are documented by her attending physician.
In determining the amount of reimbursable lost wages, if any, that are reasonably payable to the adopted person's birth mother under subdivision (9), the court shall offset against the reimbursable lost

wages any amounts paid to the adopted person's birth mother under subdivisions (5) and (8) and any unemployment compensation received by or owed to the adopted person's birth mother.
    (c) Except as provided in this subsection, payments made under subsection (b)(5) through (b)(9) may not exceed three thousand dollars ($3,000) and must be disclosed to the court supervising the adoption. The amounts paid under subsection (b)(5) through (b)(9) may exceed three thousand dollars ($3,000) to the extent that a court in Indiana with jurisdiction over the child who is the subject of the adoption approves the expenses after determining that:
        (1) the expenses are not being offered as an inducement to proceed with an adoption; and
        (2) failure to make the payments may seriously jeopardize the health of either the child or the mother of the child and the direct relationship is documented by a licensed social worker or the attending physician.
    (d) An attorney or licensed child placing agency shall inform a birth mother of the penalties for committing adoption deception under section 9.5 of this chapter before the attorney or agency transfers a payment for adoption related expenses under subsection (b) in relation to the birth mother.
    (e) The limitations in this section apply regardless of the state or country in which the adoption is finalized.

SOURCE: ; (05)SE0422.1.15. -->
SOURCE: -->     SECTION 15. [EFFECTIVE JULY 1, 2005] IC 35-46-1-9, as amended by this act, applies only to crimes committed after June 30, 2005.


SEA 422 _ Concur

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