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Indiana Consent to Adoption Law

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Consent to Adoption
State-Specific Search Results


Indiana

Who May Adopt

Statute:
§ 31-19-9-1
Each living parent of a child born in wedlock.
The mother of a child born out of wedlock and the father whose paternity is established.

Any person or agency having custody.

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The court having jurisdiction.

A minor parent with the concurrence of the parent or guardian.

The spouse of a married parent.


Age When Consent of Adoptee is Considered or Required

Statute:
§ 31-19-9-1
A child 14 years or older must consent to the adoption.


When Parental Consent is not Needed

Statute:
§§ 31-19-9-8 to 31-19-9-10
Parent has:
Abandoned or failed to contact or support the child for 1 year.
Not established paternity or whose child was conceived as a result of rape or incest.
Had parental rights terminated.
Been declared incompetent or mentally defective.
Is unfit and had rights terminated in child's best interest.
Been convicted of murder, causing the suicide, or manslaughter and the victim was the child's other parent.
Been convicted of murder, causing the suicide, manslaughter, rape, incest, neglect or battery and the victim was the child's sibling.


When Consent Can Be Executed

Statute:
§ 31-19-9-2
Consent may be executed any time after the child's birth.


How Consent Must Be Executed

Statute:
§ 31-19-9-2
Consent may be executed in the presence of the court, a notary public or county authorized agent, or an authorized agent of the Division or child placing agency.


Revocation of Consent

Statute:
§§ 31-19-10-3; 31-19-10-4
Consent may not be withdrawn after the entry of the adoption decree and pursuant to § 31-19-10-3.
Consent to Adoption may be withdrawn no later than 30 days after consent is given, if the court finds that the person seeking the withdrawal is acting in the best interest of the child.

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