Indiana Code
Ind. Code § 31-14-4-1 (2026)
Persons permitted to file action
✓ current as of May 2026
Sec. 1. A paternity action may be filed by the following persons:
(1) The mother or expectant mother.
(2) A man alleging that:
(A) he is the child's biological father; or
(B) he is the expectant father of an unborn child.
(3) The mother and a man alleging that he is her child's biological father, filing jointly.
(4) The expectant mother and a man alleging that he is the biological father of her unborn child, filing jointly.
(5) A child.
(6) If paternity of a child has not been established, the department by filing an action under this article for a child who is the subject of a child in need of services proceeding.
(7) If the paternity of a child has not been established:
(A) the department; or
(B) a prosecuting attorney operating under an agreement or contract with the department described in IC 31-25-4-13.1.
[Pre-1997 Recodification Citation: 31-6-6.1-2(a) part.]
As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006, SEC.220; P.L.206-2015, SEC.44; P.L.150-2018, SEC.13.
Notes of Decisions
Cited in 35
cases (3 in the last 5 years), 1997–2024 · leading case: Michael Litton v. Jason Baugh, 122 N.E.3d 1034 (Ind. Ct. App. 2019).
Michael Litton v. Jason Baugh, 122 N.E.3d 1034 (Ind. Ct. App. 2019). “[17] Indiana Code Section 31-14-4-1 governs persons permitted to file a paternity action and provides: A paternity action may be filed by the following persons: (1) The mother or expectant mother.”
In re the Paternity of: S.A.M. (Child), M.M. v. M.H., S.B., 85 N.E.3d 879 (Ind. Ct. App. 2017). “Ind. Code § 31-14-4-1 (2006). Regarding petitions by minors, the Indiana Code provides: A person less than eighteen (18) years of age may file a petition if the person is competent except for the person’s age.”
In Re the Paternity of S.C., 966 N.E.2d 143 (Ind. Ct. App. 2012). “A paternity affidavit was set aside only upon establishing the identity of the biological father pursuant to I.C. § 31-14-4-1. Paternity of Davis v. Trensey, 862 N.”
In Re: The Paternity of I.I.P.: Kailei L. Poteet v. Justin Rodgers & Nathan T. Poteet, 92 N.E.3d 1158 (Ind. Ct. App. 2018). “[16] Pursuant to Indiana Code section 31-14-4-1, a paternity action may be filed by, in relevant part, the mother; a man alleging to be the child’s biological father; the mother and alleged father, jointly; or the child.”
Garcia-Torres v. State, 949 N.E.2d 1229 (Ind. 2011). “Ind.Code §§ 31-14-4-1 & -6-1 (2008). [7] A similar criticism could be leveled at fingerprinting.”
In the Matter of the Paternity & Maternity of Infant T., 991 N.E.2d 596 (Ind. Ct. App. 2013). “See Ind.Code § 31-14-4-1. And thus, “when the purpose of the legislative body sought to be accomplished is clear, such construction shall be given the statute as will carry out such purposes, even though such construction is contrary to the strict letter thereof.”
Paternity of Davis v. Trensey, 862 N.E.2d 308 (Ind. Ct. App. 2007). “I.C. § 31-14-4-1 (West, PREMISE through 2006 Second Regular Session) provides that a county prosecutor’s office may file a paternity action either under subsection (a) on behalf of certain enumerated parties, including the child’s mother, or under subsection (b) on its own…”
In Re the Paternity of E.M.L.G., 863 N.E.2d 867 (Ind. Ct. App. 2007). “1(h), which provided that the sixty-day time limitation contained in subsection (h) applied only to “any person listed in Ind.Code 31-14-4-1 or Ind.Code 31-14-4-3.”
Est. of Lamey v. Lamey, 689 N.E.2d 1265 (Ind. Ct. App. 1997). “Ind.Code § 31-14-4-1. Uncle is not alleging to be V.”
In Re the Custody of M.B. B/N/F S.C. & D.C. v. S.B. & S.W., 51 N.E.3d 230 (Ind. 2016). “Indiana Code § 31-14-4-1 sets out who may file a paternity action.”
In Re: The Paternity of K.H., Rebekah Harris (Mother) v. Jon Cochran (Father), 116 N.E.3d 504 (Ind. Ct. App. 2018). “Indiana Code section 31-14-4-1, which is located in the paternity statute, provided as follows at the time Father filed his petition: A paternity action may be filed by the following persons: (1) The mother or expectant mother.”
In re the Paternity & Maternity of Infant R., 922 N.E.2d 59 (Ind. Ct. App. 2010). “See also Ind.Code § 31-14-4-1 *61 (providing for the initiation of a paternity action).”
— Ind. Code § 31-14-4-1(1) — 1 case
Michael Litton v. Jason Baugh, 122 N.E.3d 1034 (Ind. Ct. App. 2019). “[17] Indiana Code Section 31-14-4-1 governs persons permitted to file a paternity action and provides: A paternity action may be filed by the following persons: (1) The mother or expectant mother.”
— Ind. Code § 31-14-4-1(2) — 2 cases
Michael Litton v. Jason Baugh, 122 N.E.3d 1034 (Ind. Ct. App. 2019). “[17] Indiana Code Section 31-14-4-1 governs persons permitted to file a paternity action and provides: A paternity action may be filed by the following persons: (1) The mother or expectant mother.”
Caldwell v. Caldwell, 858 N.E.2d 695 (Ind. Ct. App. 2006).
— Ind. Code § 31-14-4-1(3) — 1 case
Michael Litton v. Jason Baugh, 122 N.E.3d 1034 (Ind. Ct. App. 2019). “[17] Indiana Code Section 31-14-4-1 governs persons permitted to file a paternity action and provides: A paternity action may be filed by the following persons: (1) The mother or expectant mother.”
— Ind. Code § 31-14-4-1(4) — 1 case
Michael Litton v. Jason Baugh, 122 N.E.3d 1034 (Ind. Ct. App. 2019). “[17] Indiana Code Section 31-14-4-1 governs persons permitted to file a paternity action and provides: A paternity action may be filed by the following persons: (1) The mother or expectant mother.”
— Ind. Code § 31-14-4-1(5) — 4 cases
Michael Litton v. Jason Baugh, 122 N.E.3d 1034 (Ind. Ct. App. 2019). “[17] Indiana Code Section 31-14-4-1 governs persons permitted to file a paternity action and provides: A paternity action may be filed by the following persons: (1) The mother or expectant mother.”
In Re Adoption of EL, 913 N.E.2d 1276 (Ind. Ct. App. 2009).
In the Matter of the Paternity of M.A.M. State of Indiana by the IV-D Prosecutor of Miami Cnty. v. T.M. (Ind. Ct. App. 2019).
In Re The Paternity of I.B., K.H. v. I.B. b/n/f L.B. (Ind. Ct. App. 2013).
— Ind. Code § 31-14-4-1(7) — 1 case
In Re the Paternity of J.G. Wendy Sonora Hernandez & Margarito Guzman v. Fredy Sanchez Cortes & State of Indiana (Ind. Ct. App. 2020).
— Ind. Code § 31-14-4-1(7)(B) — 2 cases
In the Matter of the Paternity of M.A.M. State of Indiana by the IV-D Prosecutor of Miami Cnty. v. T.M. (Ind. Ct. App. 2019).
In Re the Paternity of J.G. Wendy Sonora Hernandez & Margarito Guzman v. Fredy Sanchez Cortes & State of Indiana (Ind. Ct. App. 2020).
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