Indiana Code

Ind. Code § 31-14-4-3 (2026)

Department or prosecuting attorney permitted to file action

✓ current as of May 2026

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Sec. 3. (a) The department or a prosecuting attorney operating under an agreement or contract described in IC 31-25-4-13.1, may file a paternity action as next friend of the child if:

(1) the mother;

(2) the person with whom the child resides;

(3) the department; or

(4) the alleged father;

has executed an assignment of support rights or applied for IV-D services under Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669) and IC 31-25-4-19.

(b) A filing under subsection (a) by the department or prosecuting attorney must be made within the period that would apply if the child were filing on the child's own behalf under IC 31-14-5-2.

[Pre-1997 Recodification Citation: 31-6-6.1-2(b).]

As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006, SEC.222; P.L.206-2015, SEC.46; P.L.55-2022, SEC.3.

IC 31-14-5Chapter 5. Filing of Paternity Action; Limitations

31-14-5-1Verification of petition; caption

31-14-5-2Petition by minors and incompetent persons; time for filing petition; tolling of limitations during period of incompetency

31-14-5-3Time for filing action

31-14-5-4Action by division or county office of family and children furnishing public assistance; time for filing action

31-14-5-5Action to be filed during lifetime or within five months of death of alleged father

31-14-5-6Necessary parties

31-14-5-7Registration with putative father registry

31-14-5-8Action not barred by child's death or stillbirth or mother's death

31-14-5-9Barred from establishing paternity

Notes of Decisions

Cited in 3 cases, 2006–2019 · leading case: In Re the Paternity of E.M.L.G., 863 N.E.2d 867 (Ind. Ct. App. 2007).

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In Re the Paternity of E.M.L.G., 863 N.E.2d 867 (Ind. Ct. App. 2007). · cites it 3× “Code 31-14-4-1 or Ind.Code 31-14-4-3.” Therefore, we concluded that because the putative father was now contesting paternity and he was not a party listed under either Indiana Code section 31-14-4-1 or Indiana Code section 31-14-4-3, he was therefore not prohibited from…”

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). · cites it 24× “” See I.C. § 31-14-4-3. Because the Child did not reside with Alleged Father, the State cannot initiate the paternity action.”

Paternity of J.A.P. Ex Rel. Puckett v. Jones, 857 N.E.2d 1 (Ind. Ct. App. 2006). “§ 31-14-4-3. See L.C. § 12-14-2-24(a)(3).”

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