Sec. 2. (a) Except as provided in subsection (b), an individual who seeks to adopt a child less than eighteen (18) years of age must, 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;

Terms Used In Indiana Code 31-19-2-2

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • 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.
  • Probate: Proving a will
  • Venue: The geographical location in which a case is tried.
(2) a licensed child placing agency or governmental agency having custody of the child is located;

(3) the attorney maintains an office; or

(4) the child resides.

     (b) A petition for adoption of a child less than eighteen (18) years of age may be filed with the clerk of a court having probate jurisdiction in any county in Indiana if either of the following is filed with the petition:

(1) A written consent to the adoption from each individual whose consent to the adoption is required under IC 31-19-9 that:

(A) is executed by the individual in compliance with IC 31-19-9 not less than thirty (30) days before the petition for adoption is filed; and

(B) is not subject to a motion to withdraw consent under IC 31-19-10 filed by the individual less than fifteen (15) days after the consent is executed.

(2) A certified copy of a court order terminating the parental rights of each parent whose consent to the child’s adoption is required under IC 31-19-9.

     (c) The county in which the petition for adoption may be filed is a matter of venue and not jurisdiction.

     (d) Subject to IC 31-19-9-3, if an individual who files a petition for adoption of a child:

(1) decides not to adopt the child; or

(2) is unable to adopt the child;

the petition for adoption may be amended or a second petition may be filed in the same action to substitute another individual who intends to adopt the child as the petitioner for adoption.

     (e) If an amended petition or second petition is filed as described in subsection (d):

(1) the amended petition or second petition relates back to the date of the original petition; and

(2) a required notice that was provided with regard to the original petition satisfies the same notice requirement for the purposes of the second or amended petition.

[Pre-1997 Recodification Citation: 31-3-1-1(a).]

As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.2; P.L.203-2021, SEC.3; P.L.89-2023, SEC.1.

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