Sec. 1. (a) Except as otherwise provided in this
chapter, a petition to adopt a child who is less than eighteen (18) years
of age may be granted only if written consent to adoption has been
executed by the following:
(1) Each parent of a child born in wedlock, including a man who
is presumed to be the child's biological father under IC 31-14-7-1(1) if the man is the biological or adoptive parent of the
child.
(2) The mother of a child born out of wedlock and the biological
father of the child if the father's paternity has been established by:
(A) a court proceeding other than the adoption proceeding,
except as provided in IC 31-14-20-2; or
(B) a paternity affidavit executed under IC 16-37-2-2.1;
unless the putative father gives implied consent to the adoption
under section 15 of this chapter.
(3) Each person, agency, or local office having lawful custody of
the child whose adoption is being sought.
(4) The court having jurisdiction of the custody of the child if the
legal guardian or custodian of the person of the child is not
empowered to consent to the adoption.
(5) The child to be adopted if the child is more than fourteen (14)
years of age.
(6) The spouse of the child to be adopted if the child is married.
(7) A man who is not the biological father of the child, if:
(A) the man has proven to the court that it is in the best interest
of the child to be adopted to require his consent; and
(B) the paternity of the child has been established by:
(i) a court proceeding other than the adoption proceeding,
except as provided in IC 31-14-20-2; or
(ii) a paternity affidavit executed under IC 16-37-2-2.1;
unless the putative father gives implied consent to the adoption
under section 15 of this chapter.
(b) A parent who is less than eighteen (18) years of age may consent
to an adoption without the concurrence of:
(1) the individual's parent or parents; or
(2) the guardian of the individual's person;
unless the court, in the court's discretion, determines that it is in the
best interest of the child to be adopted to require the concurrence.
[Pre-1997 Recodification Citation: 31-3-1-6(c).]
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,
SEC.17; P.L.58-2009, SEC.22; P.L.128-2012, SEC.54; P.L.89-2023,
SEC.2.
Notes of Decisions
In the Matter of the Adoption of B.C.H., a Minor, 7 N.E.3d 1000 (Ind. Ct. App. 2014).
· cites it 34× “Pursuant to Indiana Code § 31-19-9-1, a trial court may only grant a petition to adopt a child who is less than eighteen (18) years of age if written consent has been executed by “[e]ach person, agency, or local office having lawful custody of the child whose adoption is being…”
In Re Infant Girl W., 845 N.E.2d 229 (Ind. Ct. App. 2006).
· cites it 6× “Nevertheless, it is apparent to us that the consent statute, Indiana Code section 31-19-9-1, disentangles this ostensible jurisdictional knot.”
Walker v. Campbell, 711 N.E.2d 42 (Ind. Ct. App. 1999).
· cites it 10× “(a) Except as otherwise provided in this chapter, a petition to adopt a child who is less than eighteen (18) years of age may be granted only if written consent to adoption has been executed by the following: (1) Each living parent of a child born in wedlock.”
In Re the Adoption of A.S. Ex Rel. M.L.S., 912 N.E.2d 840 (Ind. Ct. App. 2009).
· cites it 2× “Ind.Code § 31-19-9-1(a)(2), (3). 9 The consent may be executed *849 any time after the child's birth in the presence of the court, a notary, or an authorized agent of the department, a county office of farnily and children, or a licensed child placing agency.”
In Re Adoption of JDB, 867 N.E.2d 252 (Ind. Ct. App. 2007).
· cites it 8× “See Ind.Code § 31-19-9-1 (requiring consent of father who's paternity has been established).”
In Re The Adoption of S.W. Thomas West v. Ronnie D. Sedberry & Sondra A. Sedberry, 979 N.E.2d 633 (Ind. Ct. App. 2012).
· cites it 2× “See Ind. Code § 31-19-9-1 . However, consent to adoption is not required from any of the following: (1) A parent or parents if the child is adjudged to have been abandoned or deserted for at least six (6) months immediately preceding the date of the filing of the petition for…”
In the Matter of the Adoption of M.S. C.L.S. v. A.L.S., 10 N.E.3d 1272 (Ind. Ct. App. 2014).
· cites it 2× “Ind.Code § 31-19-9-1. However, Indiana Code § 31-19-9-8 provides that consent to an adoption is not required from: (2) A parent of a child in the custody of another person if for a period of at least one (1) year the parent: (A) fails without justifiable cause to communicate…”
In re L.C.C., 2018 Ohio 4617 (Ohio Ct. App. 2018).
· cites it 2× “2018), the court held the granting of the stepmother's petition to adopt the child was improper under Ind.Code 31-19-9-1 and 31-19-9-8(a)(2)(A) because the mother's consent was necessary.”
E.W. v. J.W., 20 N.E.3d 889 (Ind. Ct. App. 2014).
· cites it 2× “See Ind.Code § 31-19-9-1. However, there are a number of exceptions to the consent requirement.”
In Re Adoption of LCE, 940 N.E.2d 1224 (Ind. Ct. App. 2011).
· cites it 6× “*1228 When a person with standing pursuant to Ind.Code § 31-19-9-1 objects to the adoption he or she must "file a motion to contest the adoption with the court not later than thirty (30) days after service of notice of the pending adoption.”
— Ind. Code § 31-19-9-1(a) — 8 cases
— Ind. Code § 31-19-9-1(a)(1) — 2 cases
— Ind. Code § 31-19-9-1(a)(2) — 13 cases
In Re the Adoption of A.S. Ex Rel. M.L.S., 912 N.E.2d 840 (Ind. Ct. App. 2009).
“Ind.Code § 31-19-9-1(a)(2), (3). 9 The consent may be executed *849 any time after the child's birth in the presence of the court, a notary, or an authorized agent of the department, a county office of farnily and children, or a licensed child placing agency.”
— Ind. Code § 31-19-9-1(a)(2)(B) — 1 case
— Ind. Code § 31-19-9-1(a)(3) — 6 cases
In the Matter of the Adoption of B.C.H., a Minor, 7 N.E.3d 1000 (Ind. Ct. App. 2014).
“Pursuant to Indiana Code § 31-19-9-1, a trial court may only grant a petition to adopt a child who is less than eighteen (18) years of age if written consent has been executed by “[e]ach person, agency, or local office having lawful custody of the child whose adoption is being…”
In Re Infant Girl W., 845 N.E.2d 229 (Ind. Ct. App. 2006).
“Nevertheless, it is apparent to us that the consent statute, Indiana Code section 31-19-9-1, disentangles this ostensible jurisdictional knot.”
In Re Adoption of LCE, 940 N.E.2d 1224 (Ind. Ct. App. 2011).
“*1228 When a person with standing pursuant to Ind.Code § 31-19-9-1 objects to the adoption he or she must "file a motion to contest the adoption with the court not later than thirty (30) days after service of notice of the pending adoption.”
— Ind. Code § 31-19-9-1(a)(4) — 1 case
— Ind. Code § 31-19-9-1(a)(8) — 1 case
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