Indiana § 31-19-4-5 - Notice to named putative father; form

§ 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.