Ind. Code » Title 31
Indiana Code

Ind. Code § 31-19-2-4 (2026)

Consent to adoption by petitioner's spouse

✓ current as of May 2026
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     Sec. 4. (a) Except as provided in subsection (b), a petition for adoption by a married person may not be granted unless the husband and wife join in the action.

     (b) If the petitioner for adoption is married to the:

(1) biological; or

(2) adoptive;

father or mother of the child, joinder by the father or mother is not necessary if an acknowledged consent to adoption of the biological or adoptive parent is filed with the petition for adoption.

[Pre-1997 Recodification Citation: 31-3-1-1(c).]

As added by P.L.1-1997, SEC.11.

 

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2005–2021 · leading case: In Re Infant Girl W., 845 N.E.2d 229 (Ind. Ct. App. 2006).
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In Re Infant Girl W., 845 N.E.2d 229 (Ind. Ct. App. 2006). · cites it 8× “" See Ind.Code § 31-19-2-4. The Act also requires that, for the parent-child relationship to remain intact, stepparents must be married to each other, whether the stepparent is married to a biological parent or to a previous adoptive parent.”
In the Matter of the Adoption Of: Atws, Minor Child, Ka v., 2021 WY 62 (Wyo. 2021). “); Ind. Code Ann. § 31-19-2-4 (a) (“Except as provided in 7 subsection (b), a petition for adoption by a married person may not be granted unless the husband and wife join in the action.”
Hancock v. Marion Cnty. Off. of Fam. & Child., 838 N.E.2d 477 (Ind. Ct. App. 2005). · cites it 4× “Pursuant to Ind.Code § 31-19-2-4, a petition for adoption by married persons may not be granted unless the husband and wife join in the action.”
R.K.H. v. Morgan Cnty. Off. of Fam. & Child., 845 N.E.2d 229 (Ind. Ct. App. 2006). · cites it 4× “8 OFC next turns to Indiana Code section 31-19-2-4, which puts rules in place regarding adoption by married couples.”
In Re Kh, 838 N.E.2d 477 (Ind. Ct. App. 2005). · cites it 4× “Pursuant to Ind.Code § 31-19-2-4, a petition for adoption by married persons may not be granted unless the husband and wife join in the action.”
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