Sec. 1. (a) Except as otherwise provided in this chapter, a petition to adopt a child who is less than eighteen (18) years of age may be granted only if written consent to adoption has been executed by the following:

(1) Each 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(1) if the man is the biological or adoptive parent of the child.

Terms Used In Indiana Code 31-19-9-1

  • 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.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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) The mother of a child born out of wedlock and the biological father of the child if the father’s paternity has been established by:

(A) a court proceeding other than the adoption proceeding, except as provided in IC 31-14-20-2; or

(B) a paternity affidavit executed under IC 16-37-2-2.1;

unless the putative father gives implied consent to the adoption under section 15 of this chapter.

(3) Each person, agency, or local office having lawful custody of the child whose adoption is being sought.

(4) The court having jurisdiction of the custody of the child if the legal guardian or custodian of the person of the child is not empowered to consent to the adoption.

(5) The child to be adopted if the child is more than fourteen (14) years of age.

(6) The spouse of the child to be adopted if the child is married.

(7) A man who is not the biological father of the child, if:

(A) the man has proven to the court that it is in the best interest of the child to be adopted to require his consent; and

(B) the paternity of the child has been established by:

(i) a court proceeding other than the adoption proceeding, except as provided in IC 31-14-20-2; or

(ii) a paternity affidavit executed under IC 16-37-2-2.1;

unless the putative father gives implied consent to the adoption under section 15 of this chapter.

     (b) A parent who is less than eighteen (18) years of age may consent to an adoption without the concurrence of:

(1) the individual’s parent or parents; or

(2) the guardian of the individual’s person;

unless the court, in the court’s discretion, determines that it is in the best interest of the child to be adopted to require the concurrence.

[Pre-1997 Recodification Citation: 31-3-1-6(c).]

As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.17; P.L.58-2009, SEC.22; P.L.128-2012, SEC.54; P.L.89-2023, SEC.2.

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