Ind. Code ch. 31-19-2

in effect

Ind. Code § 31-19-2-1 Adoption of adult; petition; venue; consent; investigation

Sec. 1. (a) Subject to section 1.1 of this chapter, an individual who is at least eighteen (18) years of age may be adopted by a resident of Indiana: (1) upon proper petition to the court having jurisdiction in probate matters in any county in Indiana; and (2) with the consent of the individual acknowledged in open court. (b) If the court in which a petition for adoption is filed under this section considers it necessary, the court may order: (1) the type of investigation that is conducted in an adoption of a child who is less than eighteen (18) years of age; or (2) any other inquiry that the court considers advisable; before granting the petition for adoption. [Pre-1997 Recodification Citation: 31-3-1-11 part.] As added by P.L.1-1997, SEC.11. Amended by P.L.244-2019, SEC.9; P.L.203-2021, SEC.2.

Ind. Code § 31-19-2-1.1 Name change by lifetime sex or violent offender

Sec. 1.1. (a) This section applies only to an individual: (1) who seeks to be adopted by a resident of Indiana under section 1 of this chapter; and (2) who is a lifetime sex or violent offender. (b) A court may not issue an order granting a petition for adoption of an individual described in subsection (a) unless all of the following conditions are met: (1) The lifetime sex or violent offender complies with and meets the requirements of section 1 of this chapter. (2) If the lifetime sex or violent offender intends to change the offender's name, the offender provides written notice of the petition for adoption and the new name to the local law enforcement authority in the: (A) county of conviction; and (B) county where the person resides. (c) Upon proof that the notice described in subsection (b) has been properly served, the court shall grant the petition for adoption if all other requirements are met. As added by P.L.244-2019, SEC.10.

Ind. Code § 31-19-2-2 Adoption of minor child; petition; venue; substituting petitioner

Sec. 2. (a) Except as provided in subsection (b), an individual who seeks to adopt a child less than eighteen (18) years of age must, by attorney of record, file a petition for adoption with the clerk of the court having probate jurisdiction in the county in which: (1) the petitioner for adoption resides; (2) a licensed child placing agency or governmental agency having custody of the child is located; (3) the attorney maintains an office; or (4) the child resides. (b) A petition for adoption of a child less than eighteen (18) years of age may be filed with the clerk of a court having probate jurisdiction in any county in Indiana if either of the following is filed with the petition: (1) A written consent to the adoption from each individual whose consent to the adoption is required under IC 31-19-9 that: (A) is executed by the individual in compliance with IC 31-19-9 not less than thirty (30) days before the petition for adoption is filed; and (B) is not subject to a motion to withdraw consent under IC 31-19-10 filed by the individual less than fifteen (15) days after the consent is executed. (2) A certified copy of a court order terminating the parental rights of each parent whose consent to the child's adoption is required under IC 31-19-9. (c) The county in which the petition for adoption may be filed is a matter of venue and not jurisdiction. (d) Subject to IC 31-19-9-3, if an individual who files a petition for adoption of a child: (1) decides not to adopt the child; or (2) is unable to adopt the child; the petition for adoption may be amended or a second petition may be filed in the same action to substitute another individual who intends to adopt the child as the petitioner for adoption. (e) If an amended petition or second petition is filed as described in subsection (d): (1) the amended petition or second petition relates back to the date of the original petition; and (2) a required notice that was provided with regard to the original petition satisfies the same notice requirement for the purposes of the second or amended petition. [Pre-1997 Recodification Citation: 31-3-1-1(a).] As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.2; P.L.203-2021, SEC.3; P.L.89-2023, SEC.1.

Ind. Code § 31-19-2-3 Repealed

[Pre-1997 Recodification Citation: 31-3-1-1(b) part.] As added by P.L.1-1997, SEC.11. Repealed by P.L.203-2021, SEC.4.

Ind. Code § 31-19-2-4 Consent to adoption by petitioner's spouse

Sec. 4. (a) Except as provided in subsection (b), a petition for adoption by a married person may not be granted unless the husband and wife join in the action. (b) If the petitioner for adoption is married to the: (1) biological; or (2) adoptive; father or mother of the child, joinder by the father or mother is not necessary if an acknowledged consent to adoption of the biological or adoptive parent is filed with the petition for adoption. [Pre-1997 Recodification Citation: 31-3-1-1(c).] As added by P.L.1-1997, SEC.11.

Ind. Code § 31-19-2-5 Filing of petition; number of copies; verification

Sec. 5. (a) Except as provided in subsection (b), a petition for adoption must be filed in triplicate. (b) If a petition for adoption is sponsored by a licensed child placing agency, the petition for adoption must be filed in quadruplicate. (c) The original copy of a petition for adoption must be verified by the oath or affirmation of each petitioner for adoption. [Pre-1997 Recodification Citation: 31-3-1-2(a) part.] As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.13; P.L.1-2010, SEC.120.

Ind. Code § 31-19-2-6 Contents of petition; additional documents

Sec. 6. (a) A petition for adoption must specify the following: (1) The: (A) name if known; (B) sex, race, and age if known, or if unknown, the approximate age; and (C) place of birth; of the child sought to be adopted. (2) The new name to be given the child if a change of name is desired. (3) Whether or not the child possesses real or personal property and, if so, the value and full description of the property. (4) The: (A) name, age, and place of residence of a petitioner for adoption; and (B) if married, place and date of their marriage. (5) The name and place of residence, if known to the petitioner for adoption, of: (A) the parent or parents of the child; (B) if the child is an orphan: (i) the guardian; or (ii) the nearest kin of the child if the child does not have a guardian; (C) the court or agency of which the child is a ward if the child is a ward; or (D) the agency sponsoring the adoption if there is a sponsor. (6) The time, if any, during which the child lived in the home of the petitioner for adoption. (7) Whether the petitioner for adoption has been convicted of: (A) a felony; or (B) a misdemeanor relating to the health and safety of children; and, if so, the date and description of the conviction. (8) Whether or not a current, ongoing child support order or medical support order is in effect for the child sought to be adopted. (9) If a child sought to be adopted is the subject of an open or pending: (A) child in need of services proceeding under IC 31-34; or (B) delinquency proceeding under IC 31-37; except an informal adjustment, the court in which the proceeding is open or pending, the cause number, and the case number, if known. (10) Additional information consistent with the purpose and provisions of this article that is considered relevant to the proceedings. (b) If a current, ongoing child support order or medical support order is in effect for the child as described in subsection (a)(8), all of the following must be filed with the petition described under subsection (a): (1) A copy of the child support order or medical support order. (2) A statement as to whether the child support order or medical support order is enforced by the prosecuting attorney through the Title IV-D child support program under IC 31-25-4. [Pre-1997 Recodification Citation: 31-3-1-2(a) part.] As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.6; P.L.131-2009, SEC.13; P.L.206-2015, SEC.54; P.L.78-2026, SEC.4.

Ind. Code § 31-19-2-7 Medical report

Sec. 7. (a) Except as provided in subsection (e), a medical report of the health status and medical history of the child sought to be adopted and the child's birth parents must: (1) accompany a petition for adoption; or (2) be filed not later than sixty (60) days after the filing of a petition for adoption. (b) The medical report must: (1) include neonatal, psychological, physiological, and medical care history; and (2) be on forms prescribed by the state registrar. (c) A copy of the medical report shall be sent to the following persons: (1) The state registrar. (2) The prospective adoptive parents. (d) This section does not authorize the release of medical information that would result in the identification of an individual. (e) This section does not apply to a petition for adoption under section 1 of this chapter. [Pre-1997 Recodification Citation: 31-3-1-2(b).] As added by P.L.1-1997, SEC.11. Amended by P.L.210-2019, SEC.3.

Ind. Code § 31-19-2-7.2 Prohibition on immunization as condition for adoption; penalties for violation

Sec. 7.2. (a) A licensed child placing agency may not: (1) require, as a condition for obtaining an adoption, that an individual or a member of the individual's household receive an immunization; or (2) discriminate against an individual with respect to: (A) the immunization status of; or (B) a refusal to receive an immunization by; the individual or a member of the individual's household. (b) If a licensed child placing agency knowingly violates this section, the department may: (1) issue a warning to the child placing agency; (2) place the child placing agency's license on probationary status; or (3) terminate the child placing agency license. (c) Nothing in this section prohibits a licensed child placing agency from making placement decisions based on the individual needs of a medically fragile child or on biological parental preferences. As added by P.L.45-2023, SEC.2.

Ind. Code § 31-19-2-7.3 Waiver of criminal history check requirements prohibited

Sec. 7.3. A court may not waive any criminal history check requirements set forth in this chapter. As added by P.L.138-2007, SEC.36.

Ind. Code § 31-19-2-7.5 Submission of information, forms, or consents for criminal history check

Sec. 7.5. (a) This section does not apply to a petitioner for adoption who provides the licensed child placing agency or the local office with the results of a criminal history check conducted: (1) in accordance with IC 31-9-2.1-58; and (2) not more than one (1) year before the date on which the petition is filed. (b) Every petitioner for adoption shall submit the necessary information, forms, or consents for: (1) a licensed child placing agency; or (2) the local office; that conducts the inspection and investigation required for adoption of a child under IC 31-19-8-5 to conduct a criminal history check (as defined in IC 31-9-2.1-58) of the petitioner as part of its investigation. (c) Except as provided in subsection (d), the petitioner for adoption shall pay the fees and other costs of the criminal history check required under this section. (d) If the petitioner for adoption seeks to adopt a child who is under the care and supervision of the department at the time of or any time after the filing of the petition for adoption, the department may pay the fees and other costs of the criminal history check required under this section. As added by P.L.200-1999, SEC.7. Amended by P.L.234-2005, SEC.92; P.L.128-2012, SEC.45; P.L.183-2017, SEC.8; P.L.145-2026, SEC.167.

Ind. Code § 31-19-2-7.6 Notification of criminal charge while adoption pending

Sec. 7.6. If a petitioner for adoption is charged with: (1) a felony; or (2) a misdemeanor relating to the health and safety of children; during the pendency of the adoption, the petitioner shall notify the court of the criminal charge in writing. As added by P.L.200-1999, SEC.8.

Ind. Code § 31-19-2-8 Adoption history fee; putative father registry fee

Sec. 8. Unless the petitioner for adoption seeks under section 1 of this chapter to adopt a person who is at least eighteen (18) years of age, the petitioner for adoption must attach to the petition for adoption: (1) an adoption history fee of twenty dollars ($20) payable to the Indiana department of health; and (2) a putative father registry fee of fifty dollars ($50) payable to the Indiana department of health for: (A) administering the putative father registry established by IC 31-19-5; and (B) paying for blood or genetic testing in a paternity action in which an adoption is pending in accordance with IC 31-14-21-9.1. [Pre-1997 Recodification Citation: 31-3-1-2(c).] As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.9; P.L.56-2023, SEC.264.

Ind. Code § 31-19-2-9 Deposit of fees in adoption history fund

Sec. 9. Fees collected under section 8 of this chapter shall be deposited in the adoption history fund established by IC 31-19-18-6. [Pre-1997 Recodification Citation: 31-3-1-2(a) part.] As added by P.L.1-1997, SEC.11.

Ind. Code § 31-19-2-10 Notice of filing of petition; examination, correction, and amendment of form of petition

Sec. 10. (a) Not more than five (5) days after a petition for adoption has been filed, the clerk of the court shall notify the court of the filing. (b) Upon receiving notice under subsection (a) that a petition for adoption has been filed, the court shall promptly: (1) examine the petition for adoption; and (2) determine whether the petition for adoption is in proper form. (c) If the court does not find the petition for adoption to be in proper form, the court shall return the petition for adoption immediately to the petitioner for adoption or the petitioner's attorney. (d) If a petition for adoption is returned under subsection (c), the petitioner for adoption shall promptly correct and amend the petition for adoption to conform to the law. [Pre-1997 Recodification Citation: 31-3-1-4(a).] As added by P.L.1-1997, SEC.11.

Ind. Code § 31-19-2-11 Clerk's examination of form of petition

Sec. 11. If the judge of the court dies, is disabled, or is absent, the clerk of the court shall examine the petition for adoption and the petition for adoption shall be acted upon accordingly. [Pre-1997 Recodification Citation: 31-3-1-4(b) part.] As added by P.L.1-1997, SEC.11.

Ind. Code § 31-19-2-12 Copies of petition forwarded to licensed child placing agency

Sec. 12. As soon as a petition for adoption is found to be in proper form, the clerk of the court shall forward one (1) copy of the petition for adoption to a licensed child placing agency as described in IC 31-9-2.1-46, with preference to be given to the agency, if any, sponsoring the adoption, as shown by the petition for adoption. [Pre-1997 Recodification Citation: 31-3-1-4(b) part.] As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.245; P.L.146-2006, SEC.17; P.L.131-2009, SEC.14; P.L.162-2011, SEC.13; P.L.128-2012, SEC.46; P.L.145-2026, SEC.168.

Ind. Code § 31-19-2-13 Temporary custody of adopted children

Sec. 13. (a) Except for a child who is under the care and supervision of the department, a petitioner for adoption may file a separate, ex parte, verified petition requesting temporary custody of a child sought to be adopted at the time of or any time after the filing of a petition for adoption. The petition for temporary custody must be signed by each petitioner for adoption. (b) A court may grant a petition for temporary custody filed under subsection (a) if the court finds that: (1) the petition for adoption is in proper form; and (2) placing the child with the petitioner or petitioners for adoption pending the hearing on the petition for adoption is in the best interests of the child. (c) If temporary custody is granted under this section, the petitioner or petitioners for adoption are legally and financially responsible for the child until otherwise ordered by the court. (d) To the extent that a temporary custody order issued under this section conflicts with a custody order issued by any other court except a court having appellate jurisdiction over the child, a temporary order under this section controls. (e) A: (1) party to the adoption; or (2) person who had: (A) custody of; or (B) parenting time or visitation with; the child before a temporary custody order was issued under this section; may file a petition to suspend, modify, or revoke the temporary custody order granted under this section. (f) Upon receipt of a petition described in subsection (e), the court shall set the matter for hearing. (g) The court may suspend, modify, or revoke the temporary custody order if the court determines suspension, modification, or revocation of the temporary custody order is in the best interests of the child. As added by P.L.61-2003, SEC.2. Amended by P.L.145-2006, SEC.246; P.L.81-2014, SEC.1.

Ind. Code § 31-19-2-14 Consolidated paternity and adoption proceedings

Sec. 14. (a) If a petition for adoption and a paternity action are pending at the same time for a child sought to be adopted, the court in which the petition for adoption has been filed has exclusive jurisdiction over the child, and the paternity proceeding must be consolidated with the adoption proceeding. (b) If the petition for adoption is dismissed, the court hearing the consolidated adoption and paternity proceeding shall determine who has custody of the child under IC 31-19-11-5. (c) Following a dismissal of the adoption petition under subsection (b), the court may: (1) retain jurisdiction over the paternity proceeding; or (2) return the paternity proceeding to the court in which it was originally filed. If the paternity proceeding is returned to the court in which it was originally filed, the court assumes jurisdiction over the child, subject to any provisions of the consolidated court's order under IC 31-19-11-5. As added by P.L.61-2003, SEC.3. Amended by P.L.81-2014, SEC.2.

Ind. Code § 31-19-2-15 Information provided to current foster parent and prospective adoptive parent; explanation of information; signature

Sec. 15. (a) When the licensed child placing agency or local office that will conduct the inspection and supervision required under IC 31-19-7-1 and submit the report required under IC 31-19-8-5 has been determined, the licensed child placing agency or local office shall provide to the child's current foster parent and to the prospective adoptive parent a document that contains the following information: (1) A description of the information that must be provided to the court in the report required under IC 31-19-8-5. (2) Contact information for individuals employed by the licensed child placing agency or local office in a supervisory capacity. (b) The licensed child placing agency or local office shall explain the contents of the document described in subsection (a) to the child's current foster parent and to the prospective adoptive parent. The child's current foster parent, the prospective adoptive parent, and the licensed child placing agency or local office shall be requested to sign the document acknowledging that: (1) the child's current foster parent and the prospective adoptive parent have been provided with a copy of the document described in subsection (a); and (2) the contents of the document have been explained to the child's current foster parent and to the prospective adoptive parent. As added by P.L.26-2018, SEC.2.

Ind. Code § 31-19-2-16 Guardian ad litem pilot program for incapacitated parents

Sec. 16. (a) The circuit or superior court exercising jurisdiction over an adoption proceeding in any of the following counties shall establish a guardian ad litem pilot program to appoint a guardian ad litem to represent the interests of an incapacitated parent: (1) LaPorte County. (2) Marshall County. (3) Starke County. (b) The court shall appoint a guardian ad litem under this section if a parent of a child subject to a petition for adoption: (1) is an individual with an intellectual disability; and (2) has a court appointed guardian. (c) The provisions of IC 31-32-3 concerning the: (1) representation; (2) duties; (3) liabilities; and (4) appointment; of a guardian ad litem apply to a guardian ad litem appointed under this section. (d) The cost and expenses incurred in connection with the appointment of a guardian ad litem are paid by the county upon order of the appointing court. (e) This section expires July 1, 2026. As added by P.L.97-2024, SEC.1.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026