Indiana Code
Ind. Code § 31-14-5-3 (2026)
Time for filing action
✓ current as of May 2026
Sec. 3. (a) This section does not apply to an action filed by the department or its agents under section 4 of this chapter (or IC 31-6-6.1-6(c) before its repeal).
(b) The mother, a man alleging to be the child's father, or the department or its agents must file a paternity action not later than two (2) years after the child is born, unless:
(1) both the mother and the alleged father waive the limitation on actions and file jointly;
(2) support has been furnished by the alleged father or by a person acting on his behalf, either voluntarily or under an agreement with:
(A) the mother;
(B) a person acting on the mother's behalf; or
(C) a person acting on the child's behalf;
(3) the mother, the department, or a prosecuting attorney operating under an agreement or contract described in IC 31-25-4-13.1 files a petition after the alleged father has acknowledged in writing that he is the child's biological father;
(4) the alleged father files a petition after the mother has acknowledged in writing that he is the child's biological father;
(5) the petitioner was incompetent at the time the child was born; or
(6) a responding party cannot be served with summons during the two (2) year period.
(c) If any of the conditions described in subsection (b) exist, the paternity petition must be filed not later than two (2) years after the condition described in subsection (b) ceases to exist.
[Pre-1997 Recodification Citation: 31-6-6.1-6(a).]
As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006, SEC.223; P.L.206-2015, SEC.47.
Notes of Decisions
Cited in 32
cases (2 in the last 5 years), 1999–2026 · leading case: 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).
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). “[24] The majority cites Indiana Code section 31-14-5-3 as support for its conclusion.”
In Re the Paternity of S.C., 966 N.E.2d 143 (Ind. Ct. App. 2012). “I.C. § 31-14-5-3(b). A man alleging paternity may also bring an indirect action as the child's next friend.”
In Re Paternity of KH, 709 N.E.2d 1033 (Ind. Ct. App. 1999). “157, was recodified as Ind.Code § 31-14-5-3 by P.L.1-1997, SEC. 6, effective July 1, 1997.”
Michael Litton v. Jason Baugh, 122 N.E.3d 1034 (Ind. Ct. App. 2019). “I.C. § 31-14-5-3. Consequently, a biological father is required to file a paternity action within two years after the child's birth unless one of the above statutory exceptions applies.”
In Re Adoption of EL, 913 N.E.2d 1276 (Ind. Ct. App. 2009). “Code § 31-14-5-3(b)(2), and the paternity petition is filed within two years after support ceases, Ind. Code § 31-14-5-3 (c). R.J. never "provided financial support or supplies" to V.”
Walker v. Campbell, 711 N.E.2d 42 (Ind. Ct. App. 1999). “CODE § 31-14-5-3(c). 3. Paternity Affidavit The "paternity affidavit" described in IND.”
Benjamin Sheetz v. Ronnie Sheetz, 63 N.E.3d 1077 (Ind. Ct. App. 2016). “See Ind. Code § 31-14-5-3 (b) (providing that “[t]he mother” must file a paternity action “not later than two (2) years after the child is born”; although there are exceptions, none of them likely apply here).”
N.D.J. ex rel. Morris v. K.S.P., 765 N.E.2d 682 (Ind. Ct. App. 2002). “" Ind.Code § 31-14-5-3 (1998). In this case, a De-Kalb County Deputy Prosecutor, as next friend of N.”
In Re Paternity of RM, 939 N.E.2d 1114 (Ind. Ct. App. 2010). “Ind.Code § 31-14-5-3(b). [11] Here, however, Putative Father permitted the child to spend the first ten years of his life believing Presumptive Father to be his biological father, and, at least until 2006, Putative Father made no attempts whatsoever to involve himself in the…”
Drake v. McKinney, 717 N.E.2d 1229 (Ind. Ct. App. 1999). “He relies in part upon Ind.Code § 31-14-5-3, which provides in pertinent part: (b) The mother, a man alleging to be the child’s father, or the division of family and children or its agents must file a paternity action not later than two (2) years after the child is born, unless:…”
In Re Paternity of KLO, 816 N.E.2d 906 (Ind. Ct. App. 2004). “Under Indiana Code section 31-14-5-3, a mother may not file a paternity petition later than two years after the child is born.”
In Re Paternity of BNC, 822 N.E.2d 616 (Ind. Ct. App. 2005). “Ind.Code § 31-14-5-3(b). This statute of limitation "must be pleaded and proven as an affirmative defense.”
Ind. Code § 31-14-5-3(b): 20 cases
In Re the Paternity of S.C., 966 N.E.2d 143 (Ind. Ct. App. 2012). “I.C. § 31-14-5-3(b). A man alleging paternity may also bring an indirect action as the child's next friend.”
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). “[24] The majority cites Indiana Code section 31-14-5-3 as support for its conclusion.”
Benjamin Sheetz v. Ronnie Sheetz, 63 N.E.3d 1077 (Ind. Ct. App. 2016). “See Ind. Code § 31-14-5-3 (b) (providing that “[t]he mother” must file a paternity action “not later than two (2) years after the child is born”; although there are exceptions, none of them likely apply here).”
In Re Paternity of RM, 939 N.E.2d 1114 (Ind. Ct. App. 2010). “Ind.Code § 31-14-5-3(b). [11] Here, however, Putative Father permitted the child to spend the first ten years of his life believing Presumptive Father to be his biological father, and, at least until 2006, Putative Father made no attempts whatsoever to involve himself in the…”
In Re Adoption of EL, 913 N.E.2d 1276 (Ind. Ct. App. 2009). “Code § 31-14-5-3(b)(2), and the paternity petition is filed within two years after support ceases, Ind. Code § 31-14-5-3 (c). R.J. never "provided financial support or supplies" to V.”
Ind. Code § 31-14-5-3(b)(1): 1 case
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). “[24] The majority cites Indiana Code section 31-14-5-3 as support for its conclusion.”
Ind. Code § 31-14-5-3(b)(2): 4 cases
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). “[24] The majority cites Indiana Code section 31-14-5-3 as support for its conclusion.”
In Re Adoption of EL, 913 N.E.2d 1276 (Ind. Ct. App. 2009). “Code § 31-14-5-3(b)(2), and the paternity petition is filed within two years after support ceases, Ind. Code § 31-14-5-3 (c). R.J. never "provided financial support or supplies" to V.”
R.J. v. V.N., 913 N.E.2d 1276 (Ind. Ct. App. 2009).
In Re the Paternity of J.B. J.B., by Next Friend Zachary Nathaniel Cornett v. Kendra Pierson (mem. dec.) (Ind. Ct. App. 2018).
Ind. Code § 31-14-5-3(b)(3): 2 cases
In Re the Paternity of J.G. Wendy Sonora Hernandez & Margarito Guzman v. Fredy Sanchez Cortes & State of Indiana (Ind. Ct. App. 2020).
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).
Ind. Code § 31-14-5-3(b)(4): 3 cases
In Re Paternity of KH, 709 N.E.2d 1033 (Ind. Ct. App. 1999). “157, was recodified as Ind.Code § 31-14-5-3 by P.L.1-1997, SEC. 6, effective July 1, 1997.”
Drake v. McKinney, 717 N.E.2d 1229 (Ind. Ct. App. 1999). “He relies in part upon Ind.Code § 31-14-5-3, which provides in pertinent part: (b) The mother, a man alleging to be the child’s father, or the division of family and children or its agents must file a paternity action not later than two (2) years after the child is born, unless:…”
Caldwell v. Caldwell, 858 N.E.2d 695 (Ind. Ct. App. 2006).
Ind. Code § 31-14-5-3(c): 6 cases
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). “[24] The majority cites Indiana Code section 31-14-5-3 as support for its conclusion.”
Walker v. Campbell, 711 N.E.2d 42 (Ind. Ct. App. 1999). “CODE § 31-14-5-3(c). 3. Paternity Affidavit The "paternity affidavit" described in IND.”
In Re Paternity of KH, 709 N.E.2d 1033 (Ind. Ct. App. 1999). “157, was recodified as Ind.Code § 31-14-5-3 by P.L.1-1997, SEC. 6, effective July 1, 1997.”
In Re Adoption of EL, 913 N.E.2d 1276 (Ind. Ct. App. 2009). “Code § 31-14-5-3(b)(2), and the paternity petition is filed within two years after support ceases, Ind. Code § 31-14-5-3 (c). R.J. never "provided financial support or supplies" to V.”
R.J. v. V.N., 913 N.E.2d 1276 (Ind. Ct. App. 2009).
Ind. Code § 31-14-5-3(e): 1 case
Walker v. Campbell, 711 N.E.2d 42 (Ind. Ct. App. 1999). “CODE § 31-14-5-3(c). 3. Paternity Affidavit The "paternity affidavit" described in IND.”
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