Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 31-19-4
     Chapter 4. Notice of Adoption After Birth of Child

IC 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 Rule 4.1 of the Indiana Rules of Trial Procedure.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.14; P.L.61-2003, SEC.5.

IC 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 Rule 4.1 of the Indiana Rules of Trial Procedure.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.15; P.L.61-2003, SEC.6.

IC 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) 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 in the same manner as a summons is served by publication under Rule 4.13(C) of the Indiana Rules of Trial Procedure.
    (b) The only circumstance under which notice to the putative father must be given by publication under Rule 4.13(C) of the Indiana Rules of Trial Procedure is when the child was conceived outside of Indiana as described in subsection (a).
As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.5; P.L.58-2009, SEC.10.

IC 31-19-4-4
Notice to unnamed 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 thirty (30) 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 thirty (30) 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 under IC 31-14.
    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.".
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.

IC 31-19-4-5
Notice to named 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 thirty (30) days after the date of service of this notice.
    If ______________ (putative father's name) does not file a motion to contest the adoption within thirty (30) 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 under IC 31-14.
    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.".
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.

IC 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.
As added by P.L.1-1997, SEC.11.

IC 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:
        (1) providing service of process in the same manner as a summons and complaint are served under Rule 4.1 of the Indiana Rules of Trial Procedure for notice under section 1 or 2 of this chapter; or
        (2) publication in the same manner as a summons is served by publication under Rule 4.13 of the Indiana Rules of Trial Procedure for notice under section 3 of this chapter;
no further efforts to give notice to the putative father are necessary, regardless of whether the putative father actually receives the notice.
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.15; P.L.146-2007, SEC.6.

IC 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.
As added by P.L.1-1997, SEC.11. Amended by P.L.61-2003, SEC.9; P.L.130-2005, SEC.1.

IC 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.
As added by P.L.1-1997, SEC.11. Amended by P.L.130-2005, SEC.2.

IC 31-19-4-10
Repealed
    
(Repealed by P.L.61-2003, SEC.22.)

IC 31-19-4-11
Repealed
    
(Repealed by P.L.61-2003, SEC.22.)

IC 31-19-4-12
Repealed
    
(Repealed by P.L.61-2003, SEC.22.)

IC 31-19-4-13
Applicability of Rules of Trial Procedure
    
Sec. 13. Only the rules of the Indiana Rules of Trial Procedure specified in this chapter apply to the giving of notice under this chapter.
As added by P.L.200-1999, SEC.18.