Introduced Version
SENATE BILL No. 422
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-14-21-9.1; IC 31-19; IC 31-35-1;
IC 35-41-1-3.1; IC 35-46-1.
Synopsis: Adoption procedural requirements. Requires a petitioner for
adoption to pay a $30 adoption history record keeping fee. Establishes
requirements for prebirth waivers of paternity and waivers of notice of
adoption, and specifies that a waiver is irrevocable. Prohibits a mother
from executing a prebirth consent to adoption, and requires a father's
prebirth consent to adoption to be in writing and notarized, and to
contain an advisement that the waiver is irrevocable. Specifies that the
burden of proof in certain adoption proceedings is by clear and
convincing evidence. Requires a child placing agency, a governmental
entity, or an adoption attorney to maintain adoption records for 40
years and provides for the transfer of these records in certain situations.
Makes a name change requested in an out-of-state adoption petition
effective in Indiana. Makes it a Class D felony for certain persons to:
(1) receive compensation or reimbursement for locating children,
expectant mothers, or adoptive parents with the intent of facilitating an
adoption; or (2) advertise that a child is available for adoption or that
the person is able to place, locate, or receive a child for adoption.
Effective: July 1, 2005.
Clark
January 13, 2005, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 114th General Assembly (2005)
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SENATE BILL No. 422
A BILL FOR 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 31-14-21-9.1; (05)IN0422.1.1. -->
SECTION 1. IC 31-14-21-9.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9.1. (a) At the initial
hearing held under section 9 of this chapter, the court shall order all the
parties to the paternity action to undergo blood or genetic testing.
(b) If the alleged father is unable to pay for the initial costs of the
testing, the court shall order that the tests be paid by the state
department of health from putative father registry fees collected under
IC 31-19-2-8(2). IC 31-19-2-8. The state department of health may
recover costs from an individual found to be the biological father of the
child in the action.
SOURCE: IC 31-19-2-8; (05)IN0422.1.2. -->
SECTION 2. IC 31-19-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. Unless the petitioner
for adoption seeks under section 1 of this chapter to adopt a person who
is at least eighteen (18) years of age, the petitioner for adoption must
attach to the petition for adoption:
(1) an adoption history fee of twenty dollars ($20) payable to the
state department of health; and
(2) unless the adoption involves a child related to a petitioner
for adoption, an adoption history record keeping fee of thirty
dollars ($30) payable to the state department of health; and
(2) (3) a putative father registry fee of fifty dollars ($50) payable
to the state department of health for:
(A) administering the putative father registry established by
IC 31-19-5; and
(B) paying for blood or genetic testing in a paternity action in
which an adoption is pending in accordance with
IC 31-14-21-9.1.
SOURCE: IC 31-19-4-8; (05)IN0422.1.3. -->
SECTION 3. 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)IN0422.1.4. -->
SECTION 4. 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)IN0422.1.5. -->
SECTION 5. 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)IN0422.1.6. -->
SECTION 6. 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)IN0422.1.7. -->
SECTION 7. 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
subsection 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)IN0422.1.8. -->
SECTION 8. 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)IN0422.1.9. -->
SECTION 9. 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 shall maintain a
record concerning an adoption finalized in Indiana until the person
who was adopted is at least forty (40) years of age.
(c) A:
(1) child placing agency that ceases operations in Indiana;
(2) governmental entity that ceases operations or is no longer
involved with adoptions; or
(3) licensed attorney who arranges or facilitates an adoption
who no longer practices in Indiana;
shall transfer all adoption records 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.
(d) An attorney who complies with this section does not violate
attorney-client privilege.
(e) A record maintained or transferred under this section is
confidential.
SOURCE: IC 31-19-15-1; (05)IN0422.1.10. -->
SECTION 10. 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
or previous adoptive parents of an adopted person are alive, the:
biological parents are:
(1) biological or previous adoptive parents are relieved of all
legal duties and obligations to the adopted child and except as
provided in subsection (b);
(2) biological or previous adoptive parents are divested of all
rights with respect to the child; and
(3) parent-child relationship between the biological or
previous adoptive parents is terminated;
after the adoption.
(b) A support obligation owed by a biological or previous
adoptive parent to the adopted person before the entry of an
adoption decree continues after the adoption.
SOURCE: IC 31-19-18-5; (05)IN0422.1.11. -->
SECTION 11. 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)IN0422.1.12. -->
SECTION 12. 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)IN0422.1.13. -->
SECTION 13. 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)IN0422.1.14. -->
SECTION 14. 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 35-41-1-3.1; (05)IN0422.1.15. -->
SECTION 15. IC 35-41-1-3.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 3.1. "Advertise" means to make
a communication to the public.
SOURCE: IC 35-46-1-9; (05)IN0422.1.16. -->
SECTION 16. 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: IC 35-46-1-9.6; (05)IN0422.1.17. -->
SECTION 17. IC 35-46-1-9.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 9.6. (a) This section does not
apply to:
(1) the division of family and children;
(2) an agency or person authorized to act on behalf of the
division of family and children;
(3) a county office of family and children;
(4) a child placing agency licensed in Indiana; or
(5) an attorney licensed to practice law in Indiana.
(b) A person who accepts compensation or reimbursement for
services related to locating:
(1) a child;
(2) an expectant mother; or
(3) a prospective adoptive parent;
with the intent to facilitate an adoption commits unlawful
procurement of adoption, a Class D felony.
SOURCE: IC 35-46-1-9.7; (05)IN0422.1.18. -->
SECTION 18. IC 35-46-1-9.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 9.7. (a) This section does not
apply to:
(1) the division of family and children;
(2) an agency or person authorized to act on behalf of the
division of family and children;
(3) a county office of family and children;
(4) a child placing agency licensed in Indiana;
(5) an attorney licensed to practice law in Indiana; or
(6) a prospective adoptive parent who has been approved for
adoptive placement:
(A) by a licensed child placing agency in Indiana; or
(B) by a licensed child placing agency outside Indiana and
represented by an attorney licensed to practice law in
Indiana.
(b) A person who knowingly or intentionally advertises:
(1) a child offered or sought for adoption; or
(2) that the person is able to place, locate, or receive a child
for adoption;
commits unlawful adoption advertising, a Class D felony.
SOURCE: ; (05)IN0422.1.19. -->
SECTION 19. [EFFECTIVE JULY 1, 2005]
IC 35-46-1-9, as
amended by this act, and IC 35-46-1-9.6 and IC 35-46-1-9.7, both
as added by this act, apply only to crimes committed after June 30,
2005.