Sec. 3. (a) Except as provided in subsection (c), if:

(1) the mother of a child:

Terms Used In Indiana Code 31-19-4-3

  • 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
(A) informs an attorney or agency arranging the child’s adoption, on or before the date the child’s mother executes a consent to the child’s adoption, that the child was conceived outside Indiana; and

(B) does not disclose to the attorney or agency the name or address, or both, of the putative father of the child; and

(2) the putative father of the child has:

(A) failed or refused to consent to the adoption of the child or has not had the parent-child relationship terminated under IC 31-35 (or IC 31-6-5 before its repeal); and

(B) not registered with the putative father registry under IC 31-19-5 within the period under IC 31-19-5-12;

the attorney or agency shall serve notice of the adoption proceedings on the putative father by publication under IC 31-19-2.5-6(c).

     (b) The only circumstance under which notice to the putative father must be given by publication under IC 31-19-2.5-6(c) is when the child was conceived outside of Indiana as described in subsection (a).

     (c) If a child who is the subject of an adoption proceeding was conceived in a state other than Indiana in which a putative father registry was in existence at the time of the child’s conception, a putative father must register with:

(1) the putative father registry under IC 31-19-5 by the date by which the putative father is required to register under IC 31-19-5-12 in order to be entitled to notice of the adoption; or

(2) the putative father registry of the state in which the child was conceived by the date by which the putative father is required to register under the laws of that state in order to be entitled to receive notice of the adoption;

whichever date is earlier, to be entitled to notice of the child’s adoption under this section.

[Pre-1997 Recodification Citation: 31-3-1-6.1(d), (e).]

As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.5; P.L.58-2009, SEC.10; P.L.203-2021, SEC.10.