Indiana Adoption Laws, Page 3

e-mail

Consent Laws

Who Must Consent to an Adoption

• Each living parent of a child born in wedlock
  
• The mother of a child born out of wedlock and the father whose paternity has been established
  
• Any person or agency having custody
  
• The court having jurisdiction
  
• A minor parent with the concurrence of the parent or guardian
  
• The spouse of a married parent

Age When Consent of Adoptee is Considered or Required

Statute: § 31-19-9-1

• A child 14 years of age or older must consent to the adoption.

When Parental Consent is not Needed

Statute: §§ 31-19-9-8 to 31-19-9-10

• The parent has:
  
  
  

  
  • Abandoned the child for at least 6 months prior to the filing of an adoption petition
    
  • Failed to contact or support the child for at least 1 year when the child has been in the custody of another person
    
  • Not established paternity or has failed to register with the putative father registry
    
  • Caused the child to be conceived as a result of rape or incest
    
  • Had his or her parental rights terminated
    
  • Been declared incompetent or mentally defective
    
  • Been found to be unfit and had his or her rights terminated in child's best interest
    
  • Been convicted of murder, manslaughter, or causing the suicide, and the victim was the child's other parent
    
  • Been convicted of murder, manslaughter, rape, incest, neglect, battery, or causing the suicide, and the victim was the child's sibling

When Consent Can Be Executed

Statute: § 31-19-9-2

• Consent may be executed any time after the child's birth.

How Consent Must Be Executed

Statute: § 31-19-9-2

• Consent may be executed in the presence of the court, a notary public, a county authorized agent, or an authorized agent of the division or child-placing agency.

Revocation of Consent

• Consent may not be withdrawn after the entry of the adoption decree and pursuant to § 31-19-10-3.
  
• Consent to adoption may be withdrawn no later than 30 days after consent is given, if the court finds that the person seeking the withdrawal is acting in the best interest of the child.
  

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

Adoption Connection

Making Sure Babies are Happy. Find a loving family for your baby.

www.AdoptionConnection.org

Adoption Attorney

The Law Office of Todd Kolarik Specializing in Adoption Disruption

www.tmklaw.com

Caring for Kids Adoptions

Serving birth parents & families in Ohio. Free services to birth parents.

http://www.cfkadopt.org