Ind. Code § 31-42-1-1 Applicability of chapter
Sec. 1. This chapter applies to all statutes enacted by the general assembly unless a statute is exempted by reference to a specific statute within this chapter.
As added by P.L.101-2025, SEC.7.
Ind. Code ch. 31-42-1
Ind. Code ch. 31-42-1
in effectInd. Code § 31-42-1-2 Governmental entity prohibited from substantially burdening parental rights
Sec. 2. A governmental entity may not substantially burden a parent's fundamental right to direct the:
(1) upbringing;
(2) religious instruction;
(3) education; or
(4) health care;
of the parent's child, unless the burden, as applied to the parent and the child, is required to advance a compelling governmental interest and is the least restrictive means of advancing the governmental interest.
As added by P.L.101-2025, SEC.7.
Ind. Code § 31-42-1-3 Governmental entity prohibited from impinging on parental access to information regarding child
Sec. 3. (a) A governmental entity may not:
(1) advise, direct, or coerce a child to withhold information from the child's parent; or
(2) deny a child's parent access to information that:
(A) is in the control of the governmental entity;
(B) is requested by the child's parent; and
(C) relates to the child's health care or social, emotional, and behavioral well-being.
(b) This section does not apply if:
(1) the parent's access to the requested information is prohibited by state or federal law or a court order; or
(2) a law enforcement officer requests that the information not be released because the parent is subject to a criminal investigation related to the child.
As added by P.L.101-2025, SEC.7.
Ind. Code § 31-42-1-4 Right of action; affirmative defense
Sec. 4. (a) Notwithstanding IC 34-13-3-3(a)(8), a parent may bring suit against a governmental entity for a violation of this chapter.
(b) A parent may raise this chapter as a defense in a judicial or administrative proceeding brought against the parent by a governmental entity or a private entity.
As added by P.L.101-2025, SEC.7.
Ind. Code § 31-42-1-5 Civil relief
Sec. 5. Relief against the governmental entity may include any of the following:
(1) Declaratory relief.
(2) Injunctive relief.
(3) Compensatory damages.
(4) Reasonable attorney's fees and costs.
As added by P.L.101-2025, SEC.7.
Ind. Code § 31-42-1-6 Limitations on effect of chapter
Sec. 6. This chapter does not do any of the following:
(1) Authorize a parent to:
(A) commit child abuse or neglect as defined in IC 31-9-2.1-33(c); or
(B) sue a judicial officer unless the judicial officer acts in clear absence of jurisdiction.
(2) Prohibit a court from issuing an order that is otherwise permitted by law.
(3) Prevent a person from asserting a defense or claim of immunity available by statute or at common law, including judicial immunity.
(4) Apply to an act or omission by a parent to end the life of a child.
(5) Waive attorney-client privilege as governed by the Rules of Professional Conduct of the Indiana supreme court.
(6) Waive immunities described in IC 31-32-3-10 and IC 31-32-3-10.5.
As added by P.L.101-2025, SEC.7. Amended by P.L.145-2026, SEC.218.
Ind. Code § 31-42-1-7 Access to medical treatment, service, or procedure
Sec. 7. If a child does not have an affirmative right of access to a specific medical treatment, service, or procedure, then this chapter may not be construed to grant the parent a right to access that medical treatment, service, or procedure on behalf of the parent's child.
As added by P.L.101-2025, SEC.7.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026