Indiana Code
Ind. Code § 31-17-5-9 (2026)
Adoption; effect on visitation rights
✓ current as of May 2026
Sec. 9. Visitation rights provided for in section 1 or 10 of this chapter survive the adoption of the child by any of the following:
(1) A stepparent.
(2) A person who is biologically related to the child as:
(A) a grandparent;
(B) a sibling;
(C) an aunt;
(D) an uncle;
(E) a niece; or
(F) a nephew.
[Pre-1997 Recodification Citation: 31-1-11.7-2(c).]
As added by P.L.1-1997, SEC.9.
Notes of Decisions
Cited in 28
cases (3 in the last 5 years), 1999–2025 · leading case: Kirk R. Jocham v. Melba Sutliff, 26 N.E.3d 82 (Ind. Ct. App. 2015).
Kirk R. Jocham v. Melba Sutliff, 26 N.E.3d 82 (Ind. Ct. App. 2015). “Sutliffs Standing under the GVA [8] Sutliff asserted below, and the trial court ultimately agreed, that she has standing to pursue grandparent visitation pursuant to Indiana Code section 31-17-5-1(a)—which allows, inter alia, the grand *86 parent of a child whose parent is…”
Crafton v. Gibson, 752 N.E.2d 78 (Ind. Ct. App. 2001). “The Decree of Adoption found that Bowling had failed to see, support or communicate with the children for a period of over one year prior to the filing of the adoption petition and as a result the Shelby Cireuit Court terminated Bowling's parental rights.”
In Re Visitation of JDG, 756 N.E.2d 509 (Ind. Ct. App. 2001). “Indiana Code section 31-17-5-9 governs the effect of adoption on grandparent visitation rights, providing as follows: Visitation rights provided for in section 1 or 10 of this chapter survive the adoption of the child by any of the following: (1) A stepparent.”
Baker v. Lee, 901 N.E.2d 1107 (Ind. Ct. App. 2009). “The GVA right to visitation is survivable, Ind.Code § 31-17-5-9, and the Jackson Circuit Court did not err in its recognition that Lee's grandparent visitation could continue after the biological relative adoption.”
In Re: Visitation M.L.B.: K.J.R. v. M.A.B., 983 N.E.2d 583 (Ind. 2013). “Because the visitation order had been issued first, it survived termination of the Father’s rights under Indiana Code section 31-17-5-9. Mother appealed the visitation order, arguing that it violated her fundamental parental rights.”
In Re Guardianship of JEM, 870 N.E.2d 517 (Ind. Ct. App. 2007). “See I.C. § 31-17-5-9. If a person not included in this list adopts a grandchild, the grandparent no longer has a right to seek visitation.”
Robert Walker & Patricia Walker v. Megan (Buckner) Knight Robert Walker & Patricia Walker v. Ashley Erin Carpenter, 119 N.E.3d 573 (Ind. Ct. App. 2019). “As discussed above, after a step-parent adoption, a court may enforce such visitation only if the petitioner (1) has "Visitation rights" that "survive the adoption of the child" under Indiana Code § 31-17-5-9 and (2) is still a "grandparent" as defined by Indiana Code §…”
Collard v. Enyeart, 718 N.E.2d 1156 (Ind. Ct. App. 1999). “Additionally, Indiana Code section 31-17-5-9 allows visitation to survive adoption under the following circumstances: Visitation rights provided for in section 1 or 10 of this chapter survive the adoption of the child by any of the following: (1) A stepparent.”
In Re Adoption of Ld, 925 N.E.2d 734 (Ind. Ct. App. 2010). “] had not yet secured visitation rights under Indiana Code 31-17-5-9. Even if [N.E.] were considered to be a grandparent who had secured visitation rights pursuant to Indiana Code 31-17, such visitation rights do not give rise to the right to notice for a pending adoption.”
In Re the Adoption of Z.D., 878 N.E.2d 495 (Ind. Ct. App. 2007). “Ind.Code § 31-17-5-9 (1998). However, “[i]f a person not included in this list adopts a grandchild, the grandparent no longer has a right to seek visitation.”
A.B. v. Jo.d., 921 N.E.2d 867 (Ind. Ct. App. 2010). “] had not yet secured visitation rights under Indiana Code 31-17-5-9. Even if [N.E.] were considered to be a grandparent who had secured visitation rights pursuant to Indiana Code 31-17, such visitation rights do not give rise to the right to notice for a pending adoption.”
In Re Visitation of AR, 723 N.E.2d 476 (Ind. Ct. App. 2000). “In so doing, the legislature created a new statute, Ind.Code § 31-17-5-9, which governed the visitation rights of grandparents when the child is adopted by stepparents, siblings, aunts, uncles, nieces, and nephews.”
Ind. Code § 31-17-5-9(1): 1 case
Crafton v. Gibson, 752 N.E.2d 78 (Ind. Ct. App. 2001). “The Decree of Adoption found that Bowling had failed to see, support or communicate with the children for a period of over one year prior to the filing of the adoption petition and as a result the Shelby Cireuit Court terminated Bowling's parental rights.”
Ind. Code § 31-17-5-9(2)(A): 1 case
S P v. G F, No. 22A-AD-02674 (Ind. Ct. App. June 6, 2023).
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