Ind. Code ch. 31-19-4

Ind. Code ch. 31-19-4
in effect

Ind. Code § 31-19-4-1 Notice to registered putative father

Sec. 1. Except as provided by IC 31-19-2.5-4, if: (1) on or before the date the mother of a child executes a consent to the child's adoption, the mother has provided an attorney or agency arranging the adoption with the name and address of the putative father; and (2) the putative father of the child has: (A) failed or refused to consent to the adoption of the child; or (B) not had the parent-child relationship terminated under IC 31-35 (or IC 31-6-5 before its repeal); the putative father shall be given notice of the adoption proceedings under IC 31-19-2.5-6. [Pre-1997 Recodification Citation: 31-3-1-6.1(b).] As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.14; P.L.61-2003, SEC.5; P.L.203-2021, SEC.8.

Ind. Code § 31-19-4-2 Notice to putative father registered with putative father registry; name or address not provided by mother

Sec. 2. Except as provided by IC 31-19-2.5-4, if: (1) on or before the date the mother of a child executes a consent to the child's adoption, the mother has not provided an attorney or agency arranging the adoption with the name or address, or both, of the putative father of the child; and (2) the putative father of the child has: (A) failed or refused to consent to the adoption of the child or has not had the parent-child relationship terminated under IC 31-35 (or IC 31-6-5 before its repeal); and (B) registered with the putative father registry under IC 31-19-5 (or IC 31-6-5 before its repeal) within the period under IC 31-19-5-12; the putative father shall be given notice of the adoption proceedings under IC 31-19-2.5-6. [Pre-1997 Recodification Citation: 31-3-1-6.1(c).] As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.15; P.L.61-2003, SEC.6; P.L.203-2021, SEC.9.

Ind. Code § 31-19-4-3 Notice to putative father not registered with putative father registry; name or address undisclosed by mother; child conceived outside Indiana

Sec. 3. (a) Except as provided in subsection (c), if: (1) the mother of a child: (A) informs an attorney or agency arranging the child's adoption, on or before the date the child's mother executes a consent to the child's adoption, that the child was conceived outside Indiana; and (B) does not disclose to the attorney or agency the name or address, or both, of the putative father of the child; and (2) the putative father of the child has: (A) failed or refused to consent to the adoption of the child or has not had the parent-child relationship terminated under IC 31-35 (or IC 31-6-5 before its repeal); and (B) not registered with the putative father registry under IC 31-19-5 within the period under IC 31-19-5-12; the attorney or agency shall serve notice of the adoption proceedings on the putative father by publication under IC 31-19-2.5-6(c). (b) The only circumstance under which notice to the putative father must be given by publication under IC 31-19-2.5-6(c) is when the child was conceived outside of Indiana as described in subsection (a). (c) If a child who is the subject of an adoption proceeding was conceived in a state other than Indiana in which a putative father registry was in existence at the time of the child's conception, a putative father must register with: (1) the putative father registry under IC 31-19-5 by the date by which the putative father is required to register under IC 31-19-5-12 in order to be entitled to notice of the adoption; or (2) the putative father registry of the state in which the child was conceived by the date by which the putative father is required to register under the laws of that state in order to be entitled to receive notice of the adoption; whichever date is earlier, to be entitled to notice of the child's adoption under this section. [Pre-1997 Recodification Citation: 31-3-1-6.1(d), (e).] As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.5; P.L.58-2009, SEC.10; P.L.203-2021, SEC.10.

Ind. Code § 31-19-4-4 Notice to unnamed putative father; form

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 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.

Ind. Code § 31-19-4-5 Notice to named putative father; form

Sec. 5. Notice of the adoption proceeding shall be given to: (1) the putative father who is entitled to notice under section 1 or 2 of this chapter; or (2) a named putative father under section 3 of this chapter; in substantially the following form: "NOTICE TO NAMED FATHER ______________ (putative father's name), who has been named the father of the child born to _____________ (mother's name) on ________ (date), or 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 the court). If ______________ (putative father's name) seeks to contest the adoption of the child, he must file a motion to contest the adoption in accordance with IC 31-19-10-1 in the above named court not later than fifteen (15) days after the date of service of this notice. If ______________ (putative father's name) does not file a motion to contest the adoption within fifteen (15) days after service of this notice, the above named court will hear and determine the petition for adoption. His consent will be irrevocably implied and he will lose his right to contest either the adoption or the validity of his implied consent to the adoption. He will lose his right to establish his paternity of the child, by affidavit or otherwise, in Indiana or any other jurisdiction. Nothing ____________ (mother's name) or anyone else says to _____________ (putative father's name) relieves _______________ (putative father's name) 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. For purposes of this notice, _____________ (putative father's name) is a putative father under the laws in Indiana regarding adoption. This notice complies with IC 31-19-4-5 but does not exhaustively set forth a 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(g).] As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.17; P.L.61-2003, SEC.8; P.L.21-2010, SEC.3; P.L.113-2017, SEC.3; P.L.244-2023, SEC.4.

Ind. Code § 31-19-4-6 Putative father not entitled to notice of adoption

Sec. 6. Except as provided in section 3 of this chapter, if: (1) on or before the date the mother of a child executes a consent to the child's adoption, the mother does not disclose to the attorney or agency arranging the adoption the identity or address, or both, of the putative father; and (2) the putative father has not registered with the putative father registry under IC 31-19-5 within the period under IC 31-19-5-12; the putative father is not entitled to notice of the adoption. [Pre-1997 Recodification Citation: 31-3-1-6.1(h).] As added by P.L.1-1997, SEC.11.

Ind. Code § 31-19-4-7 Actual notice not required

Sec. 7. If a putative father is entitled to notice under section 1, 2, or 3 of this chapter, upon service of notice to the putative father under IC 31-19-2.5-6, no further efforts to give notice to the putative father are necessary, regardless of whether the putative father actually receives the notice. [Pre-1997 Recodification Citation: 31-3-1-6.1(i).] As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.15; P.L.146-2007, SEC.6; P.L.203-2021, SEC.11.

Ind. Code § 31-19-4-8 Waiver of notice

Sec. 8. (a) The notice required by this chapter may be waived in writing before or after the birth of a child. (b) A waiver of notice under subsection (a) must: (1) be in writing and signed in the presence of a notary public; and (2) acknowledge that: (A) the waiver is irrevocable; and (B) the person signing the waiver will not receive notice of the adoption proceedings. A person who waives notice of an adoption may not subsequently challenge or contest an adoption of the child. [Pre-1997 Recodification Citation: 31-3-1-6.1(j).] As added by P.L.1-1997, SEC.11. Amended by P.L.61-2003, SEC.9; P.L.130-2005, SEC.1.

Ind. Code § 31-19-4-9 Exceptions to notice required by chapter

Sec. 9. The notice required by this chapter is not necessary: (1) if actual notice has been given to a putative father under IC 31-19-3; or (2) if: (A) a person has attempted to give notice to a putative father at a particular address under IC 31-19-3; and (B) the putative father could not be located at that address; unless the putative father registers that address with the putative father registry under IC 31-19-5. [Pre-1997 Recodification Citation: 31-3-1-6.1(k).] As added by P.L.1-1997, SEC.11. Amended by P.L.130-2005, SEC.2.

Ind. Code § 31-19-4-10 Repealed

[Pre-1997 Recodification Citation: 31-3-1-6(g) part.] As added by P.L.1-1997, SEC.11. Repealed by P.L.61-2003, SEC.22.

Ind. Code § 31-19-4-11 Repealed

[Pre-1997 Recodification Citation: 31-3-1-6(n).] As added by P.L.1-1997, SEC.11. Repealed by P.L.61-2003, SEC.22.

Ind. Code § 31-19-4-12 Repealed

[Pre-1997 Recodification Citation: 31-3-1-6(o).] As added by P.L.1-1997, SEC.11. Repealed by P.L.61-2003, SEC.22.

Ind. Code § 31-19-4-13 Applicability of Rules of Trial Procedure

Sec. 13. The Indiana Rules of Trial Procedure do not apply to the provision of notice under this chapter. As added by P.L.200-1999, SEC.18. Amended by P.L.203-2021, SEC.12.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026

Starting a business in Indiana? Indiana LLC guide: costs and requirements