2006 Indiana Code - CHAPTER 14. LIMITATIONS ON DIRECT OR COLLATERAL ATTACKS OR APPEALS OF ADOPTION DECREES
IC 31-19-14Chapter 14. Limitations on Direct or Collateral Attacks or Appeals of Adoption Decrees
IC 31-19-14-1
Expedited appeal proceedings
31-19-14-1 Sec. 1. An appeal of an adoption decree shall be
decided on an expedited basis.
As added by P.L.1-1997, SEC.11.
IC 31-19-14-2
Time for challenge to adoption decree
31-19-14-2 Sec. 2. Except as provided in section 3 of this chapter,
if a person whose parental rights are terminated by the entry of an
adoption decree challenges the adoption decree not more than the
later of:
(1) six (6) months after the entry of an adoption decree; or
(2) one (1) year after the adoptive parents obtain custody of the
child;
the court shall sustain the adoption decree unless the person
challenging the adoption decree establishes, by clear and convincing
evidence, that modifying or setting aside the adoption decree is in the
child's best interests.
As added by P.L.1-1997, SEC.11.
IC 31-19-14-3
Time for withdrawal of consent to adoption, contest or challenge
to adoption, or establishment of paternity
31-19-14-3 Sec. 3. (a) A person who consents to an adoption may
not withdraw the consent to adoption after the entry of the adoption
decree under IC 31-19-10-4.
(b) A person who is served with notice of an adoption under
IC 31-19-4 may not:
(1) contest the adoption; or
(2) establish paternity;
more than thirty (30) days after the date of service of notice of the
adoption.
(c) A person who receives actual notice of an adoption under
IC 31-19-3 may not:
(1) contest the adoption; or
(2) establish paternity;
more than thirty (30) days after the date of receiving actual notice of
the adoption.
(d) A person who is prohibited from taking action by subsection
(a), (b), or (c) may not challenge an adoption decree.
As added by P.L.1-1997, SEC.11.
IC 31-19-14-4
Expiration of time to challenge; appeal for lack of notice or
defective proceedings barred
31-19-14-4 Sec. 4. After the expiration of the period described in
section 2 of this chapter, a person whose parental rights are
terminated by the entry of an adoption decree may not challenge the
adoption decree even if:
(1) notice of the adoption was not given to the child's putative
father; or
(2) the adoption proceedings were in any other manner
defective.
As added by P.L.1-1997, SEC.11.
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