Sec. 4. Notice of the potential adoption under this
chapter must be provided to the putative father of the child in
substantially the following form:
"______________ (putative father's name), who has been named as
the father of the unborn child of __________ (birth mother's name), or
who claims to be the father of the unborn child, is notified that
__________ (birth mother's name) has expressed an intention to secure
an adoptive placement for the child.
If ___________ (putative father's name) seeks to contest the
adoption of the unborn child, the putative father must file a paternity
action to establish his paternity in relation to the unborn child not later
than fifteen (15) days after the receipt of this notice.
If ___________ (putative father's name) does not file a paternity
action not more than fifteen (15) days after receiving this notice, or
having filed a paternity action in Indiana or any other jurisdiction, is
unable to establish paternity of the child, the putative father's consent
to the adoption or the voluntary termination of the putative father's
parent-child relationship under IC 31-35-1, or both, shall be irrevocably
implied and the putative father loses the right to contest the adoption,
the validity of his implied consent to the adoption, the termination of
the parent-child relationship, and the validity of his implied consent to
the termination of the parent-child relationship. In addition, the
putative father loses the right to establish paternity of the child, by
affidavit or otherwise, in Indiana or any other jurisdiction, except as
provided in IC 31-19-9-17(b).
Nothing ____________ (mother's name) or anyone else says to
__________ (putative father's name) relieves ____________ (putative
father's name) of his obligations under this notice.
Under Indiana law, a putative father is a person who is named as or
claims that he may be the father of a child born out of wedlock but who
has not yet been legally proven to be the child's father.
For purposes of this notice, _____________ (putative father's name)
is a putative father under the laws in Indiana regarding adoption.
This notice complies with IC 31-19-3-4 but does not exhaustively
set forth the putative father's legal obligations under the Indiana
adoption statutes. A person being served with this notice should consult
the Indiana adoption statutes.".
[Pre-1997 Recodification Citation: 31-3-1-6.4(f)
part.]
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999,
SEC.12; P.L.113-2017, SEC.1; P.L.244-2023, SEC.2.
Notes of Decisions
In re Paternity of MGS, 756 N.E.2d 990 (Ind. Ct. App. 2001).
· cites it 22× “Further, the jurisdictional nature of this time limit is supported by I.C. § 31-19-3-4, which states that the putative father loses his right to establish paternity of the child "under 31-14 or in a court of another state when that court would otherwise be competent to obtain…”
In re Paternity of Baby W, 774 N.E.2d 570 (Ind. Ct. App. 2002).
· cites it 12× “" Appellant's Appendix at 34; Ind.Code § 31-19-3-4. Thus, Sharp was alerted that the statutory notice, and only the notice, contained the required legal information, and any statements made in the letter that were inconsistent with the terms of the notice should not have been…”
In re Adoption of Baby W., 796 N.E.2d 364 (Ind. Ct. App. 2003).
· cites it 6× “Notice pursuant to Indiana Code section 31-19-3-4[;] 2. Denial of Paternity and Waiver of Notice of Adoption Proceedings; 3.”
In re Adoption of ANS, 741 N.E.2d 780 (Ind. Ct. App. 2001).
· cites it 2× “4 (repealed and reenacted as Ind.Code § 31-19-3-4), explained, inter alia, that in order to contest an adoption: 1) a putative father must file a paternity action to establish a relationship with the unborn child, 2) a putative father must commence an action within thirty days…”
Sharp v. Fields, 774 N.E.2d 570 (Ind. Ct. App. 2002).
· cites it 12× “” Appellant’s Appendix at 34; Ind.Code § 31-19-3-4. Thus, Sharp was alerted that the statutory notice, and only the notice, contained the required legal information, and any statements made in the letter that were inconsistent with the terms of the notice should not have been…”
Wachowski v. Beke, 756 N.E.2d 990 (Ind. Ct. App. 2001).
· cites it 11× “" I.C. § 31-19-3-4. The Bekes' Notice to Wachowski follows the form of notice set out in the statute, except for the omission of the word "or" in the first paragraph.”
Sharp v. Fields, 796 N.E.2d 364 (Ind. Ct. App. 2003).
· cites it 4× “I enclose herewith the following: 1, Notice pursuant to Indiana Code section 31-19-3-4[;] 2. Denial of Paternity and Waiver of Notice of Adoption Proceedings; 3.”
Tierney v. Greene, 741 N.E.2d 780 (Ind. Ct. App. 2001).
· cites it 2× “(repealed and reenacted as Ind.Code § 31-19-3-4), explained, inter alia, that in order to contest an adoption: 1) a putative father must file a paternity action to establish a relationship with the unborn child, 2) a putative father must commence an action within thirty days of…”
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