2006 Indiana Code - CHAPTER 2. FILING OF PETITION FOR ADOPTION
IC 31-19-2Chapter 2. Filing of Petition for Adoption
IC 31-19-2-1
Adoption of adult; petition; venue; consent; investigation
31-19-2-1 Sec. 1. (a) An individual who is at least eighteen (18)
years of age may be adopted by a resident of Indiana:
(1) upon proper petition to the court having jurisdiction in
probate matters in the county of residence of the individual or
the petitioner for adoption; and
(2) with the consent of the individual acknowledged in open
court.
(b) If the court in which a petition for adoption is filed under this
section considers it necessary, the court may order:
(1) the type of investigation that is conducted in an adoption of
a child who is less than eighteen (18) years of age; or
(2) any other inquiry that the court considers advisable;
before granting the petition for adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-2
Adoption of minor child; petition; venue
31-19-2-2 Sec. 2. (a) A resident of Indiana who seeks to adopt a
child less than eighteen (18) years of age may, by attorney of record,
file a petition for adoption with the clerk of the court having probate
jurisdiction in the county in which:
(1) the petitioner for adoption resides;
(2) a licensed child placing agency or governmental agency
having custody of the child is located; or
(3) the child resides.
(b) The county in which the petition for adoption may be filed is
a matter of venue and not jurisdiction.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-3
Adoption of hard to place child by nonresident; petition; venue
31-19-2-3 Sec. 3. (a) An individual who is not a resident of
Indiana and who seeks to adopt a hard to place child may file a
petition for adoption with the clerk of the court having probate
jurisdiction in the county in which the:
(1) licensed child placing agency or governmental agency
having custody of the child is located; or
(2) child resides.
(b) The county in which a petition for adoption may be filed is a
matter of venue and not jurisdiction.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-4
Consent to adoption by petitioner's spouse
31-19-2-4 Sec. 4. (a) Except as provided in subsection (b), a
petition for adoption by a married person may not be granted unless
the husband and wife join in the action.
(b) If the petitioner for adoption is married to the:
(1) biological; or
(2) adoptive;
father or mother of the child, joinder by the father or mother is not
necessary if an acknowledged consent to adoption of the biological
or adoptive parent is filed with the petition for adoption.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-5
Filing of petition; number of copies; verification
31-19-2-5 Sec. 5. (a) Except as provided in subsection (b), a
petition for adoption must be filed in triplicate.
(b) If a petition for adoption:
(1) requests a subsidy; and
(2) is sponsored by a licensed child placing agency;
the petition for adoption must be filed in quadruplicate.
(c) The original copy of a petition for adoption must be verified
by the oath or affirmation of each petitioner for adoption.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,
SEC.13.
IC 31-19-2-6
Contents of petition
31-19-2-6 Sec. 6. A petition for adoption must specify the
following:
(1) The:
(A) name if known;
(B) sex, race, and age if known, or if unknown, the
approximate age; and
(C) place of birth;
of the child sought to be adopted.
(2) The new name to be given the child if a change of name is
desired.
(3) Whether or not the child possesses real or personal property
and, if so, the value and full description of the property.
(4) The:
(A) name, age, and place of residence of a petitioner for
adoption; and
(B) if married, place and date of their marriage.
(5) The name and place of residence, if known to the petitioner
for adoption, of:
(A) the parent or parents of the child;
(B) if the child is an orphan:
(i) the guardian; or
(ii) the nearest kin of the child if the child does not have a
guardian;
(C) the court or agency of which the child is a ward if the
child is a ward; or
(D) the agency sponsoring the adoption if there is a sponsor.
(6) The time, if any, during which the child lived in the home of
the petitioner for adoption.
(7) Whether the petitioner for adoption has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
and, if so, the date and description of the conviction.
(8) Additional information consistent with the purpose and
provisions of this article that is considered relevant to the
proceedings, including whether:
(A) a petitioner for adoption is seeking aid; and
(B) the willingness of the petitioner for adoption to proceed
with the adoption is conditioned on obtaining aid.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.6.
IC 31-19-2-7
Medical report
31-19-2-7 Sec. 7. (a) A medical report of the health status and
medical history of the child sought to be adopted and the child's birth
parents must:
(1) accompany a petition for adoption; or
(2) be filed not later than sixty (60) days after the filing of a
petition for adoption.
(b) The medical report must:
(1) include neonatal, psychological, physiological, and medical
care history; and
(2) be on forms prescribed by the state registrar.
(c) A copy of the medical report shall be sent to the following
persons:
(1) The state registrar.
(2) The prospective adoptive parents.
(d) This section does not authorize the release of medical
information that would result in the identification of an individual.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-7.5
Submission of information, forms, or consents for criminal
history check
31-19-2-7.5 Sec. 7.5. (a) This section does not apply to a
petitioner for adoption who provides the licensed child placing
agency or county office of family and children with the results of a
criminal history check conducted:
(1) in accordance with IC 31-9-2-22.5; and
(2) not more than one (1) year before the date on which the
petition is filed.
(b) Every petitioner for adoption shall submit the necessary
information, forms, or consents for:
(1) a licensed child placing agency; or
(2) the county office of family and children;
that conducts the inspection and investigation required for adoption
of a child under IC 31-19-8-5 to conduct a criminal history check (as
defined in IC 31-9-2-22.5) of the petitioner as part of its
investigation.
(c) The petitioner for adoption shall pay the fees and other costs
of the criminal history check required under this section.
As added by P.L.200-1999, SEC.7. Amended by P.L.234-2005,
SEC.92.
IC 31-19-2-7.6
Notification of criminal charge while adoption pending
31-19-2-7.6 Sec. 7.6. If a petitioner for adoption is charged with:
(1) a felony; or
(2) a misdemeanor relating to the health and safety of children;
during the pendency of the adoption, the petitioner shall notify the
court of the criminal charge in writing.
As added by P.L.200-1999, SEC.8.
IC 31-19-2-8
Adoption history fee; putative father registry fee
31-19-2-8 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) 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.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.9.
IC 31-19-2-9
Deposit of fees in adoption history fund
31-19-2-9 Sec. 9. Fees collected under section 8 of this chapter
shall be deposited in the adoption history fund established by
IC 31-19-18-6.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-10
Notice of filing of petition; examination, correction, and
amendment of form of petition
31-19-2-10 Sec. 10. (a) Not more than five (5) days after a petition
for adoption has been filed, the clerk of the court shall notify the
court of the filing.
(b) Upon receiving notice under subsection (a) that a petition for
adoption has been filed, the court shall promptly:
(1) examine the petition for adoption; and
(2) determine whether the petition for adoption is in proper
form.
(c) If the court does not find the petition for adoption to be in
proper form, the court shall return the petition for adoption
immediately to the petitioner for adoption or the petitioner's attorney.
(d) If a petition for adoption is returned under subsection (c), the
petitioner for adoption shall promptly correct and amend the petition
for adoption to conform to the law.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-11
Clerk's examination of form of petition
31-19-2-11 Sec. 11. If the judge of the court dies, is disabled, or
is absent, the clerk of the court shall examine the petition for
adoption and the petition for adoption shall be acted upon
accordingly.
As added by P.L.1-1997, SEC.11.
IC 31-19-2-12
Copies of petition forwarded to licensed child placing agency and
county office of family and children
31-19-2-12 Sec. 12. As soon as a petition for adoption is found to
be in proper form, the clerk of the court shall forward one (1) copy
of the petition for adoption to:
(1) a licensed child placing agency as described in
IC 31-19-7-1, with preference to be given to the agency, if any,
sponsoring the adoption, as shown by the petition for adoption;
and
(2) the county office of family and children whenever a subsidy
is requested in a petition for adoption sponsored by a licensed
child placing agency.
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,
SEC.245; P.L.146-2006, SEC.17.
IC 31-19-2-13
Temporary custody of adopted children
31-19-2-13 Sec. 13. (a) Except for a child who is under the care
and supervision of the department, a petitioner for adoption may file
a separate, ex parte, verified petition requesting temporary custody
of a child sought to be adopted at the time of or any time after the
filing of a petition for adoption. The petition for temporary custody
must be signed by each petitioner for adoption.
(b) A court may grant a petition for temporary custody filed under
subsection (a) if the court finds that:
(1) the petition for adoption is in proper form; and
(2) placing the child with the petitioner or petitioners for
adoption pending the hearing on the petition for adoption is in
the best interests of the child.
(c) If temporary custody is granted under this section, the
petitioner or petitioners for adoption are legally and financially
responsible for the child until otherwise ordered by the court.
As added by P.L.61-2003, SEC.2. Amended by P.L.145-2006,
SEC.246.
IC 31-19-2-14
Consolidated paternity and adoption proceedings
31-19-2-14 Sec. 14. (a) If a petition for adoption and a petition to
establish paternity are pending at the same time for a child sought to
be adopted, the court in which the petition for adoption has been
filed has exclusive jurisdiction over the child, and the paternity
proceeding must be consolidated with the adoption proceeding.
(b) If the petition for adoption is dismissed, the court hearing the
consolidated adoption and paternity proceeding shall determine who
has custody of the child under IC 31-19-11-5.
(c) Following a dismissal of the adoption petition under
subsection (b), the court may:
(1) retain jurisdiction over the paternity proceeding; or
(2) return the paternity proceeding to the court in which it was
originally filed.
If the paternity proceeding is returned to the court in which it was
originally filed, the court assumes jurisdiction over the child, subject
to any provisions of the consolidated court's order under
IC 31-19-11-5.
As added by P.L.61-2003, SEC.3.
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