2006 Indiana Code - CHAPTER 4.5. OTHER PERSONS ENTITLED TO NOTICE OF ADOPTION
IC 31-19-4.5Chapter 4.5. Other Persons Entitled to Notice of Adoption
IC 31-19-4.5-1
Application
31-19-4.5-1 Sec. 1. This chapter:
(1) shall not be construed to affect notice of an adoption
provided to a putative father under IC 31-19-4; and
(2) applies to a putative father who has abandoned, failed to
support, or failed to communicate with a child.
As added by P.L.61-2003, SEC.10.
IC 31-19-4.5-2
Notice when consent not required
31-19-4.5-2 Sec. 2. Except as provided in IC 31-19-2.5-4, if a
petition for adoption alleges that consent to adoption is not required
under IC 31-19-9-8, notice of the adoption must be given to the
person from whom consent is allegedly not required under
IC 31-19-9-8. Notice shall be given under:
(1) Rule 4.1 of the Indiana Rules of Trial Procedure if the
person's name and address are known; and
(2) Rule 4.13 of the Indiana Rules of Trial Procedure if the
name or address of the person is not known;
to a petitioner for adoption.
As added by P.L.61-2003, SEC.10.
IC 31-19-4.5-3
Form of adoption notice
31-19-4.5-3 Sec. 3. Notice of the adoption proceeding shall be
given to a person entitled to notice under section 2 of this chapter in
substantially the following form:
"NOTICE OF ADOPTION
________ (person's name) is notified that a petition for adoption of a child, named __________ (child's name, if named), born to __________ (mother's name) on __________ (date) was filed in the office of the clerk of __________ court, __________ (address of the court). The petition for adoption alleges that the consent to adoption of __________ (person's name) is not required because _________________________ (provide a brief description of the reason(s) the consent is not required).
If __________ (person's name) seeks to contest the adoption of the child, __________ (person's name) must file a motion to contest the adoption in accordance with IC 31-19-10-1 in the above named court not later than thirty (30) days after the date of service of this notice.
If __________ (person's name) does not file a motion to contest the adoption within thirty (30) days after service of this notice the above named court will hear and determine the petition for adoption. The consent to adoption of __________ (person's name) will be irrevocably implied and __________ (person's name) will lose the
right to contest either the adoption or the validity of __________'s
(person's name) implied consent to the adoption.
No oral statement made to __________ (person's name) relieves
__________ (person's name) of __________'s (person's name)
obligations under this notice.
This notice complies with IC 31-19-4.5-3 but does not
exhaustively set forth a person's legal obligations under the Indiana
adoption statutes. A person being served with this notice should
consult the Indiana adoption statutes.".
As added by P.L.61-2003, SEC.10.
IC 31-19-4.5-4
Waiver of notice
31-19-4.5-4 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.
As added by P.L.61-2003, SEC.10. Amended by P.L.130-2005,
SEC.3.
IC 31-19-4.5-5
Content of notice
31-19-4.5-5 Sec. 5. The description in the notice under section 3
of this chapter of the reasons consent to adoption is not required need
only include enough information to put a reasonable person on notice
that a petition for adoption that alleges the person's consent to
adoption is unnecessary is pending. The description does not require
an exhaustive description of the reasons the person's consent to
adoption is not required.
As added by P.L.61-2003, SEC.10.
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