Sec. 93. (a) “Parents”, for purposes of IC 34-28-3, means:

(1) the child’s birth mother and father who:

Terms Used In Indiana Code 34-6-2-93

  • 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.
(A) is listed as the father on the birth certificate;

(B) is presumed by law under IC 31-14-7 to be the child’s father; or

(C) has established paternity with a court order;

(2) in the case of adoption, the adopting father and mother of a child;

(3) where custody of a child has been awarded in a court proceeding to someone other than the mother or father, the court appointed guardian or custodian of the child;

(4) where the child’s parents are divorced, the parent to whom the divorce decree or modification awards physical custody or control of the child; or

(5) if the child’s parents are living apart, the parent to whom physical custody or control of the child has been awarded by a court order.

     (b) The term does not include a natural or adopting parent who has given written consent for the child to be adopted by another (if the child has been adopted by another), nor does the term include a child’s parent who has lost custody of the child under subsection (a)(3), (a)(4), or (a)(5).

[Pre-1998 Recodification Citation: 34-4-44.2-3.]

As added by P.L.1-1998, SEC.1.