Indiana § 31-19-4-13 - Applicability of Rules of Trial Procedure

§ 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.

IC 31-19-4.5Chapter 4.5. Other Persons Entitled to Notice of Adoption

31-19-4.5-1Application 31-19-4.5-1.5Notice to grandparent limited to issue of visitation; notice not required if child placed with department 31-19-4.5-2Notice when consent not required 31-19-4.5-3Form of adoption notice 31-19-4.5-4Waiver of notice 31-19-4.5-5Content of notice 31-19-4.5-7Applicability of Rules of Trial Procedure

IC 31-19-4.5-1Application Sec. 1. This chapter:

(1) shall not be construed to affect notice of an adoption provided to a putative father under IC 31-19-4;

(2) applies to a father who has abandoned, failed to support, or failed to communicate with a child; and

(3) except for section 3 of this chapter, applies to a grandparent who:

(A) is the grandparent of a child sought to be adopted; and

(B) has:

(i) an existing right to petition for visitation under IC 31-17-5; and

(ii) a right to visitation that will not be terminated after the adoption under IC 31-17-5-9;

at a time prior to the date of the filing of the petition for adoption.

As added by P.L.61-2003, SEC.10. Amended by P.L.146-2007, SEC.7; P.L.16-2017, SEC.3; P.L.190-2017, SEC.3.

IC 31-19-4.5-1.5Notice to grandparent limited to issue of visitation; notice not required if child placed with department Sec. 1.5. A notice to a grandparent required under IC 31-19-2.5-3(a)(3) is:

(1) limited to the issue of visitation and may not be used to contest an adoption; and

(2) not required if the child to be adopted has been placed in the care, custody, or control of the department.".

As added by P.L.16-2017, SEC.4. Amended by P.L.190-2017, SEC.4.

IC 31-19-4.5-2Notice when consent not required Sec. 2. Except as provided in IC 31-19-2.5-4, if a petition for adoption alleges that consent to adoption is not required under IC 31-19-9-8, notice of the adoption must be given to the person from whom consent is allegedly not required under IC 31-19-9-8. Notice shall be given under IC 31-19-2.5-6.

As added by P.L.61-2003, SEC.10. Amended by P.L.146-2007, SEC.8; P.L.203-2021, SEC.13.

IC 31-19-4.5-3Form of adoption notice Sec. 3. Notice of the adoption proceeding shall be given to a person entitled to notice under section 2 of this chapter in substantially the following form:

"NOTICE OF ADOPTION

________ (person's name) is notified that a petition for adoption of a child, named __________ (child's name, if named), born to __________ (mother's name) on __________ (date) was filed in the office of the clerk of __________ court, __________ (address of the court). The petition for adoption alleges that the consent to adoption of __________ (person's name) is not required because _________________________ (provide a brief description of the reason(s) the consent is not required).

If __________ (person's name) seeks to contest the adoption of the child, __________ (person's name) 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 __________ (person'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. The consent to adoption of __________ (person's name) will be irrevocably implied and __________ (person's name) will lose the right to contest either the adoption or the validity of __________'s (person's name) implied consent to the adoption.

No statement made to __________ (person's name) relieves __________ (person's name) of __________'s (person's name) obligations under this notice.

This notice complies with IC 31-19-4.5-3 but does not exhaustively set forth a person's legal obligations under the Indiana adoption statutes. A person being served with this notice should consult the Indiana adoption statutes.".

As added by P.L.61-2003, SEC.10. Amended by P.L.113-2017, SEC.4; P.L.244-2023, SEC.5.

IC 31-19-4.5-4Waiver of notice Sec. 4. (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 challenge or contest an adoption of the child.

As added by P.L.61-2003, SEC.10. Amended by P.L.130-2005, SEC.3.

IC 31-19-4.5-5Content of notice Sec. 5. The description in the notice under section 3 of this chapter of the reasons consent to adoption is not required need only include enough information to put a reasonable person on notice that a petition for adoption that alleges the person's consent to adoption is unnecessary is pending. The description does not require an exhaustive description of the reasons the person's consent to adoption is not required.

As added by P.L.61-2003, SEC.10.

IC 31-19-4.5-7Applicability of Rules of Trial Procedure Sec. 7. The Indiana Rules of Trial Procedure do not apply to the provision of notice under this chapter.

As added by P.L.203-2021, SEC.14.

IC 31-19-5Chapter 5. Putative Father Registry

31-19-5-1Application of chapter 31-19-5-2Establishment of registry; rules 31-19-5-3Purpose of registry 31-19-5-4Notice rights of registered persons 31-19-5-5Necessity of registration as requisite to notice rights 31-19-5-6Rights of presumptive fathers 31-19-5-7Information maintained in registry; father's agent for notice 31-19-5-8Registry data access points 31-19-5-9Information supplied 31-19-5-10Registration form 31-19-5-11Verification; amendment of information 31-19-5-12Time of registration 31-19-5-13Availability of registration forms 31-19-5-14Public notice of purpose and operation of registry 31-19-5-15Requests for search of registry by persons arranging adoption 31-19-5-16Affidavit of registry search; copy of notice of filing of petition to establish paternity 31-19-5-17Departmental responsibilities upon request for registry search 31-19-5-18Waiver of notice rights of unregistered putative fathers; irrevocably implied consent to adoption 31-19-5-19Revocation of registration 31-19-5-20Methods of submitting registration 31-19-5-21Request for certified copy of registration or for information; request for copy of notice of filing of petition to establish paternity; persons qualified to apply 31-19-5-22Timeliness of responses to requests; fees 31-19-5-23Confidentiality of registry information 31-19-5-24Registering false information 31-19-5-25Release or request for confidential information