Sec. 4. Notice of the adoption proceeding required under section 3 of this chapter shall be given to an unnamed putative father in substantially the following form:

“NOTICE TO UNNAMED FATHER

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

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.
     The unnamed putative father of the child born to ______ (mother’s name) on _____ (date), or the person who claims to be the father of the child born to _____ (mother’s name) on _____ (date), is notified that a petition for adoption of the child was filed in the office of the clerk of _____ court, _____ (address of court).

     If the unnamed putative father seeks to contest the adoption of the child, the unnamed putative father must file a motion to contest the adoption in accordance with IC 31-19-10-1 in the above named court within fifteen (15) days after the date of service of this notice. This notice may be served by publication.

     If the unnamed putative father does not file a motion to contest the adoption within fifteen (15) days after service of this notice, the above named court shall hear and determine the petition for adoption. The unnamed putative father’s consent is irrevocably implied and the unnamed putative father loses the right to contest the adoption or the validity of the unnamed putative father’s implied consent to the adoption. The unnamed putative father loses the right to establish paternity of the child, by affidavit or otherwise, in Indiana or any other jurisdiction.

     Nothing __________ (mother’s name) or any one else says to the unnamed putative father of the child relieves the unnamed putative father of his obligations under this notice.

     Under Indiana law, a putative father is a person who is named as or claims that he may be the father of a child born out of wedlock but who has not yet been legally proven to be the child’s father.

     This notice complies with IC 31-19-4-4 but does not exhaustively set forth the unnamed putative father’s legal obligations under the Indiana adoption statutes. A person being served with this notice should consult the Indiana adoption statutes.”.

[Pre-1997 Recodification Citation: 31-3-1-6.1(f) part.]

As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.16; P.L.61-2003, SEC.7; P.L.21-2010, SEC.2; P.L.113-2017, SEC.2; P.L.244-2023, SEC.3.

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