Sec. 5. Notice of the adoption proceeding shall be
given to:
(1) the putative father who is entitled to notice under section 1 or
2 of this chapter; or
(2) a named putative father under section 3 of this chapter;
in substantially the following form:
"NOTICE TO NAMED FATHER
______________ (putative father's name), who has been named the
father of the child born to _____________ (mother's name) on
________ (date), or who claims to be the father of the child born to
_______________ (mother's name) on __________ (date), is notified
that a petition for adoption of the child was filed in the office of the
clerk of ____________ court, ______________ (address of the court).
If ______________ (putative father's name) seeks to contest the
adoption of the child, he must file a motion to contest the adoption in
accordance with IC 31-19-10-1 in the above named court not later than
fifteen (15) days after the date of service of this notice.
If ______________ (putative father's name) does not file a motion
to contest the adoption within fifteen (15) days after service of this
notice, the above named court will hear and determine the petition for
adoption. His consent will be irrevocably implied and he will lose his
right to contest either the adoption or the validity of his implied consent
to the adoption. He will lose his right to establish his paternity of the
child, by affidavit or otherwise, in Indiana or any other jurisdiction.
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 31-19-4-5 but does not exhaustively
set forth a 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: 31-3-1-6.1(g).]
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999,
SEC.17; P.L.61-2003, SEC.8; P.L.21-2010, SEC.3; P.L.113-2017,
SEC.3; P.L.244-2023, SEC.4.
Notes of Decisions
In Re Adoption of BW, 889 N.E.2d 1236 (Ind. Ct. App. 2008).
· cites it 14× “The notice provided to Garcia indicated that he could contest the adoption in accordance with Indiana Code section 31-19-4-5, and specifically provided that This notice complies with I.”
W.G. v. D.B., 908 N.E.2d 586 (Ind. 2009).
· cites it 6× “To that end, the General Assembly enacted § 31-19-4-5, which applies to the "Notice to Named Father," 8 and provides that the notice must include the following language: *591 If _________-_ (putative father's name) seeks to contest the adoption of the child, he must file a…”
In Re Adoption of Baby W., 796 N.E.2d 364 (Ind. Ct. App. 2003).
“Enclosed was a "Notice pursuant to Indiana Code 31-19-4-5" that provided, in substantially similar form to the language prescribed by the statute, that: [Sharp,] who has been named as the father of the child born to [M.”
In Re Paternity of Baby W, 774 N.E.2d 570 (Ind. Ct. App. 2002).
“Enclosed was a "Notice pursuant to Indiana Code 31-19-4-5" that provided, in substantially similar form to the language prescribed by the statute, that: Clinton Sharp, who has been named as the father of the child born to [M.”
Garcia v. Bos, 889 N.E.2d 1236 (Ind. Ct. App. 2008).
· cites it 11× “The notice provided to Garcia indicated that he could contest the adoption in accordance with Indiana Code section 31-19-4-5, and specifically provided that This notice complies with I.”
In Re Bw, 908 N.E.2d 586 (Ind. 2009).
· cites it 8× “This notice complied with the dictates in Indiana Code § 31-19-4-5 describing the form that notice to a named father must take.”
C.N. v. K.B. (mem. dec.) (Ind. Ct. App. 2020).
· cites it 6× “” Ind. Code § 31-19-4-5 . Court of Appeals of Indiana | Memorandum Decision 20A-AD-1361 | December 16, 2020 Page 2 of 6 [4] In July 2019, C.”
Sharp v. Fields, 774 N.E.2d 570 (Ind. Ct. App. 2002).
“Enclosed was a “Notice pursuant to Indiana Code 31-19-4-5” that provided, in substantially similar form to the language prescribed by the statute, that: Clinton Sharp, who has been named as the father of the child born to [M.”
Sharp v. Fields, 796 N.E.2d 364 (Ind. Ct. App. 2003).
“Enclosed was a "Notice pursuant to Indiana Code 31-19-4-5" that provided, in substantially similar form to the language prescribed by the statute, that: [Sharp,] who has been named as the father of the child born to [M.”
G.S. v. T.K. (mem. dec.) (Ind. Ct. App. 2016).
· cites it 2× “tendered a Notice to Named Father that complies with Indiana Code section 31-19-4-5. But because T.K. was arguing that G.”
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