Sec. 5. Notice of a petition to terminate the parent-child relationship under section 4 of this chapter must be given to:

(1) each known living parent of a child born in wedlock, including a man who is presumed to be the child’s biological father under IC 31-14-7-1, in accordance with IC 31-19-2.5-6; and

Terms Used In Indiana Code 31-35-1.5-5

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) an unnamed or unknown putative parent;

in substantially the following form:

“NOTICE TO UNNAMED PARENT

     The unnamed putative parent of a ______ (gender) infant that was voluntarily surrendered on ______ (date) in __________ (county) and born on approximately _____ (birth date range), or the person who claims to be a parent of the infant, is notified that a petition to terminate the parent-child relationship was filed in the office of the clerk of _____ court, _____ (address of court).

     If the unnamed putative parent seeks to contest the petition to terminate the parent-child relationship of the infant, the unnamed putative parent must file a motion to contest the petition in accordance with IC 31-35-1.5-8 in the above named court within twenty-eight (28) days after the date of service of this notice. This notice may be served by publication.

     If the unnamed putative parent does not file a motion to contest the adoption within twenty-eight (28) days after service of this notice, the above named court shall hear and determine the petition to terminate the parent-child relationship. The unnamed putative parent’s consent is irrevocably implied and the unnamed putative parent loses the right to contest the petition to terminate the parent-child relationship or the validity of the unnamed putative parent’s implied consent to the termination of the parent-child relationship. The unnamed putative parent loses the right to establish a biological relationship with the child in Indiana or any other jurisdiction.

     Nothing anyone else says to the unnamed putative parent of the infant relieves the unnamed putative parent of his or her obligations under this notice.

     Under Indiana law, a putative parent is a person who claims that he or she may be the father or mother of an infant who has been voluntarily surrendered but who has not yet been legally proven to be the child’s father or mother.

     This notice complies with IC 31-35-1.5-5 but does not exhaustively set forth the unnamed putative parent’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.45-2023, SEC.13.