Indiana Code

Ind. Code § 16-37-2-2 (2026)

Birth certificate and paternity affidavit; persons responsible for filing or preparation; release of paternity affidavit

✓ current as of May 2026

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Sec. 2. (a) A person in attendance at a live birth shall do the following:

(1) File with the local health officer the following:

(A) A certificate of birth.

(B) Any paternity affidavit executed under section 2.1(c)(1) of this chapter.

Except as provided in IC 16-37-1-3.1(f), the person in attendance at a live birth shall use the Indiana birth registration system established under IC 16-37-1-3.1 to electronically file a birth certificate or paternity affidavit under this subdivision.

(2) Advise the mother of a child born out of wedlock of:

(A) the availability of paternity affidavits under section 2.1 of this chapter; and

(B) the existence of the putative father registry established by IC 31-19-5-2.

(b) If there was no person in attendance at the birth, one (1) of the parents shall file with the local health officer the following:

(1) A certificate of birth.

(2) Any paternity affidavit executed under section 2.1 of this chapter.

(1) no person was in attendance at the birth and neither parent is able to prepare the certificate; or

(2) the local health officer does not receive a certificate of birth;

the local health officer shall prepare a certificate of birth from information secured from any person who has knowledge of the birth.

(d) A local health department shall inform the Title IV-D agency (as defined in IC 31-9-2-130) regarding each paternity affidavit executed under section 2.1 of this chapter that the local health department receives under this section.

(e) A paternity affidavit executed under section 2.1(c)(1) of this chapter shall be filed with the local health officer not more than five (5) days after the child's birth.

(f) An attorney or agency that arranges an adoption may at any time request that the state department search its records to determine whether a man executed a paternity affidavit under section 2.1 of this chapter in relation to a child who is or may be the subject of an adoption that the attorney or agency is arranging.

(g) Not more than ten (10) days after receiving a request from an attorney or agency under subsection (f), the state department shall submit an affidavit to the attorney or agency verifying whether a paternity affidavit has been filed under this section. If a paternity affidavit has been filed regarding a child who is the subject of a request under subsection (f), the state department shall release a copy of the paternity affidavit to the requesting attorney or agency.

[Pre-1993 Recodification Citations: 16-1-16-1; 16-1-16-2; 16-1-16-4.]

As added by P.L.2-1993, SEC.20. Amended by P.L.100-1994, SEC.2; P.L.46-1995, SEC.62; P.L.133-1995, SEC.13; P.L.1-1997, SEC.92; P.L.257-1997(ss), SEC.30; P.L.61-2009, SEC.7; P.L.138-2019, SEC.7.

Notes of Decisions

Cited in 16 cases (2 in the last 5 years), 1999–2024 · leading case: Paternity of H.H. v. Hughes, 879 N.E.2d 1175 (Ind. Ct. App. 2008).

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Paternity of H.H. v. Hughes, 879 N.E.2d 1175 (Ind. Ct. App. 2008). · cites it 2× “” Ind. Code § 16-37-2-2 .1(i). A woman who gives birth knows she is the parent of the child, see In re Paternity of B.”

Walker v. Campbell, 711 N.E.2d 42 (Ind. Ct. App. 1999). · cites it 5× “Paternity Affidavit The “paternity affidavit” described in Ind. Code § 16-37-2-2 .1 prescribes a procedure under which a mother and a man who “reasonably appears to be the child’s biological father” are provided an opportunity to execute an affidavit shortly after the birth of a…”

In re the Matter of M.M., A.M., & B.M. (Minor Child.), R.M. (Father) v. Indiana Dep't of Child Servs., 118 N.E.3d 70 (Ind. Ct. App. 2019). · cites it 2× “*76 Indiana Code section 31-14-13-1 provides that "[a] biological mother of a child born out of wedlock has sole legal custody of the child, except as provided in Ind. Code § 16-37-2-2 .1" absent additional legal action in accordance with Indiana Code sections 31-14-13-1, 2, and…”

In Re Paternity of DL, 938 N.E.2d 1221 (Ind. Ct. App. 2010). · cites it 2× “" Ind. Code § 16-37-2-2 .1(i). [7] Indiana Code Section 16-37-2-2.”

In Re the Paternity of N.R.R.L., 846 N.E.2d 1094 (Ind. Ct. App. 2006). · cites it 2× “" Ind. Code § 16-37-2-2 .1(). At the time the mother filed the second petition to establish paternity in Lakins, the trial court had not found fraud, duress, or material mistake of fact in the execution of the paternity affidavit by the boyfriend.”

Michael Litton v. Jason Baugh, 122 N.E.3d 1034 (Ind. Ct. App. 2019). · cites it 2× “" Ind. Code § 16-37-2-2 .1(p). [13] Once paternity is established, Indiana Code Section 31-14-7-3 provides: "A man is a child's legal father if the man executed a paternity affidavit in accordance with IC 16-37-2-2.”

C.L. v. Y.B., 938 N.E.2d 1221 (Ind. Ct. App. 2010). · cites it 2× “" Ind. Code § 16-37-2-2 .1(). . Indiana Code‘Section 16-37-2-2.”

In Re: The Name Change of Cory M. Wallace (Ind. Ct. App. 2024). · cites it 4× “I.C. § 16-37-2-2. Alternatively, the officer must “prepare a certificate of birth from information secured from any person who has knowledge of the birth.”

Kristopher G. Richter v. Kaylie E. Sexton (mem. dec.) (Ind. Ct. App. 2018). · cites it 2× “[47] On January 20, 2016, Mother filed a Petition to Establish Rights Incident to Paternity Pursuant to Ind. Code § 16-37-2-2 .1. Father did not file his motion for change of judge until December 30, 2016.”

In Re the Support of J.O., Abriel Theresa Jenika Gonzalez v. Johnathan Michael Ortiz (Ind. Ct. App. 2020). · cites it 2× “” Ind. Code § 16-37-2-2 .1(p). The statute further provides that “a man who is a party to a paternity affidavit executed under this section may, within sixty (60) days of the date that a paternity affidavit is executed under this section, file an action in a court with…”

IN RE THE PATERNITY of I.P. by next friend Ashley Souders (Mother) v. Brandon E. Powell (Father) (Ind. Ct. App. 2020). · cites it 2× “Ind. Code § 16-37-2-2 .1(j). We observe that, while this statute gives an unmarried, biological mother both sole legal and primary physical custody, Indiana Code Section 31-14-13-1 states that an unmarried, biological mother has sole legal custody but does not discuss physical…”

In the Matter of the Paternity of B.L.H.: B.F.H. v. K.E.G. (mem. dec.) (Ind. Ct. App. 2020). · cites it 2× “Ind. Code § 16-37-2-2 .1(j), (p). Indiana Code Section 16-37-2-2.”

Show all 16 citing cases →

— Ind. Code § 16-37-2-2(f) — 1 case

Walker v. Campbell, 711 N.E.2d 42 (Ind. Ct. App. 1999). “Paternity Affidavit The “paternity affidavit” described in Ind. Code § 16-37-2-2 .1 prescribes a procedure under which a mother and a man who “reasonably appears to be the child’s biological father” are provided an opportunity to execute an affidavit shortly after the birth of a…”

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