Sec. 8. (a) Consent to adoption, which may be required
under section 1 of this chapter, 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 adoption.
(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 significantly
with the child when able to do so; or
(B) knowingly fails to provide for the care and support of the
child when able to do so as required by law or judicial decree.
(3) The biological father of a child born out of wedlock whose
paternity has not been established:
(A) by a court proceeding other than the adoption proceeding;
or
(B) by executing a paternity affidavit under IC 16-37-2-2.1.
(4) The biological father of a child born out of wedlock who was
conceived as a result of:
(A) a rape for which the father was convicted under IC 35-42-4-1;
(B) child molesting (IC 35-42-4-3);
(C) sexual misconduct with a minor (IC 35-42-4-9); or
(D) incest (IC 35-46-1-3).
(5) The putative father of a child born out of wedlock if the
putative father's consent to adoption is irrevocably implied under
section 15 of this chapter.
(6) The biological father of a child born out of wedlock if the:
(A) father's paternity is established after the filing of a petition
for adoption in a court proceeding or by executing a paternity
affidavit under IC 16-37-2-2.1; and
(B) father is required to but does not register with the putative
father registry established by IC 31-19-5 within the period
required by IC 31-19-5-12.
(7) A parent who has relinquished the parent's right to consent to
adoption as provided in this chapter.
(8) A parent after the parent-child relationship has been
terminated under IC 31-35 (or IC 31-6-5 before its repeal).
(9) A parent judicially declared incompetent or mentally defective
if the court dispenses with the parent's consent to adoption.
(10) A legal guardian or lawful custodian of the person to be
adopted who has failed to consent to the adoption for reasons
found by the court not to be in the best interests of the child.
(11) A parent if:
(A) a petitioner for adoption proves by clear and convincing
evidence that the parent is unfit to be a parent; and
(B) the best interests of the child sought to be adopted would be
served if the court dispensed with the parent's consent.
(12) A child's biological father who denies paternity of the child
before or after the birth of the child if the denial of paternity:
(A) is in writing;
(B) is signed by the child's father in the presence of a notary
public; and
(C) contains an acknowledgment that:
(i) the denial of paternity is irrevocable; and
(ii) the child's father will not receive notice of adoption
proceedings.
A child's father who denies paternity of the child under this
subdivision may not challenge or contest the child's adoption.
(13) A deceased person.
(b) If a parent has made only token efforts to support or to
communicate with the child the court may declare the child abandoned
by the parent.
[Pre-1997 Recodification Citation: 31-3-1-6(k).]
As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997,
SEC.18; P.L.61-2003, SEC.11; P.L.130-2005, SEC.5; P.L.113-2017,
SEC.5; P.L.142-2020, SEC.35; P.L.89-2023, SEC.4.
Notes of Decisions
Cited in
214
cases (
7 in the last 5 years), 1998–2026 · leading case:
In Re Adoption of MAS, 815 N.E.2d 216 (Ind. Ct. App. 2004).
In Re Adoption of MAS, 815 N.E.2d 216 (Ind. Ct. App. 2004).
· cites it 16× “" According to Ind.Code § 31-19-9-8(a) (Supp.2003): Consent to adoption, which may be required under section 1 of this chapter, is not required from any of the following: * * * * * (2) A parent of a child in the custody of another person if for a period of at least one (1) year…”
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 16× “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 significantly with the…”
In re Adoption of D.M. Michael Mendez v. Brent L. Weaver, 82 N.E.3d 354 (Ind. Ct. App. 2017).
· cites it 22× “Insofar as Michael Mendez is the natural parent of the child to be adopted, the findings and legal conclusions of this Court are controlled by Ind. Code 31-19-9-8[ (a) ]11(A) and (B). 22.”
In re Adoption of T.L. & T.L. M.G. v. R.J. & E.J., 4 N.E.3d 658 (Ind. 2014).
· cites it 12× “” Ind.Code § 31-19-9-8(a)(2). The burden to prove this statutory criterion is satisfied by clear and convincing evidence rests squarely upon the petitioner seeking to adopt.”
In Re Adoption of MB, 944 N.E.2d 73 (Ind. Ct. App. 2011).
· cites it 18× “[2] And on October 15, Stepfather filed his petition for adoption ("Petition") and motion to proceed with adoption without consent of biological father pursuant to Indiana Code Section 31-19-9-8. [3] The trial court held a hearing on Stepfather's Petition on May 18 and July 1,…”
In re the Adoption of E.B.F., J.W. v. D.F., 93 N.E.3d 759 (Ind. 2018).
· cites it 8× “” Ind. Code § 31-19-9-8 (a)(2)(A). A determination on the significance of the communication is not one that can be mathematically calculated to precision.”
K.S. v. D.S., 64 N.E.3d 1209 (Ind. Ct. App. 2016).
· cites it 12× “The trial court concluded further that Birth Mother’s consent was not required because she had abandoned Child for at least six months prior to the filing of the petition.”
In the Matter of the Adoption of O.R., N.R. v. K.G. & C.G., 16 N.E.3d 965 (Ind. 2014).
· cites it 5× “However, Indiana Code section 31-19-9-8 provides that consent to an adoption is not required from, among others, 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…”
Winters v. Talley, 784 N.E.2d 1045 (Ind. Ct. App. 2003).
· cites it 37× “The trial court found that Winters' consent was not required pursuant to Ind. Code § 31-19-9-8 (a)(2)(B) because Winters failed to provide for the care and support of G.”
McElvain v. Hite, 800 N.E.2d 947 (Ind. Ct. App. 2003).
· cites it 14× “Case Summary Bobby McElvain ("Father") appeals the trial court's order granting Neil Hite's ("Stepfather") petitions for adoption ("Petitions") under Indiana Code Section 31-19-9-8. We reverse. Issue Father raises three issues, one of which we find dispositive: whether the trial…”
In the Matter of the Adoption of J.T.A. R.S.P. v. S.S., 988 N.E.2d 1250 (Ind. Ct. App. 2013).
· cites it 8× “See Ind.Code § 31-19-9-8. Fiancée argued below that Mother’s consent was not necessary because either Mother had abandoned the Child, under sub-section (a)(1) of the above statute, or Mother had failed to support the Child, under sub-section (a)(2)(B).”
— Ind. Code § 31-19-9-8(11) — 1 case
— Ind. Code § 31-19-9-8(2)(A) — 1 case
— Ind. Code § 31-19-9-8(a) — 59 cases
In Re Adoption of MAS, 815 N.E.2d 216 (Ind. Ct. App. 2004).
“" According to Ind.Code § 31-19-9-8(a) (Supp.2003): Consent to adoption, which may be required under section 1 of this chapter, is not required from any of the following: * * * * * (2) A parent of a child in the custody of another person if for a period of at least one (1) year…”
In the Matter of the Adoption of O.R., N.R. v. K.G. & C.G., 16 N.E.3d 965 (Ind. 2014).
“However, Indiana Code section 31-19-9-8 provides that consent to an adoption is not required from, among others, 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…”
— Ind. Code § 31-19-9-8(a)(1) — 12 cases
— Ind. Code § 31-19-9-8(a)(1)(2) — 1 case
— Ind. Code § 31-19-9-8(a)(10) — 13 cases
— Ind. Code § 31-19-9-8(a)(11) — 14 cases
— Ind. Code § 31-19-9-8(a)(11)(A) — 2 cases
— Ind. Code § 31-19-9-8(a)(11)(B) — 2 cases
— Ind. Code § 31-19-9-8(a)(2) — 50 cases
In Re Adoption of MAS, 815 N.E.2d 216 (Ind. Ct. App. 2004).
“" According to Ind.Code § 31-19-9-8(a) (Supp.2003): Consent to adoption, which may be required under section 1 of this chapter, is not required from any of the following: * * * * * (2) A parent of a child in the custody of another person if for a period of at least one (1) year…”
In re Adoption of T.L. & T.L. M.G. v. R.J. & E.J., 4 N.E.3d 658 (Ind. 2014).
“” Ind.Code § 31-19-9-8(a)(2). The burden to prove this statutory criterion is satisfied by clear and convincing evidence rests squarely upon the petitioner seeking to adopt.”
In Re Adoption of MB, 944 N.E.2d 73 (Ind. Ct. App. 2011).
“[2] And on October 15, Stepfather filed his petition for adoption ("Petition") and motion to proceed with adoption without consent of biological father pursuant to Indiana Code Section 31-19-9-8. [3] The trial court held a hearing on Stepfather's Petition on May 18 and July 1,…”
— Ind. Code § 31-19-9-8(a)(2)(A) — 29 cases
In the Matter of the Adoption of O.R., N.R. v. K.G. & C.G., 16 N.E.3d 965 (Ind. 2014).
“However, Indiana Code section 31-19-9-8 provides that consent to an adoption is not required from, among others, 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…”
— Ind. Code § 31-19-9-8(a)(2)(B) — 25 cases
In re Adoption of T.L. & T.L. M.G. v. R.J. & E.J., 4 N.E.3d 658 (Ind. 2014).
“” Ind.Code § 31-19-9-8(a)(2). The burden to prove this statutory criterion is satisfied by clear and convincing evidence rests squarely upon the petitioner seeking to adopt.”
In Re Adoption of MAS, 815 N.E.2d 216 (Ind. Ct. App. 2004).
“" According to Ind.Code § 31-19-9-8(a) (Supp.2003): Consent to adoption, which may be required under section 1 of this chapter, is not required from any of the following: * * * * * (2) A parent of a child in the custody of another person if for a period of at least one (1) year…”
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).
“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 significantly with the…”
In Re Adoption of MB, 944 N.E.2d 73 (Ind. Ct. App. 2011).
“[2] And on October 15, Stepfather filed his petition for adoption ("Petition") and motion to proceed with adoption without consent of biological father pursuant to Indiana Code Section 31-19-9-8. [3] The trial court held a hearing on Stepfather's Petition on May 18 and July 1,…”
— Ind. Code § 31-19-9-8(a)(3) — 2 cases
— Ind. Code § 31-19-9-8(a)(4)(C) — 2 cases
— Ind. Code § 31-19-9-8(a)(6) — 1 case
— Ind. Code § 31-19-9-8(a)(8) — 1 case
— Ind. Code § 31-19-9-8(a)(9) — 1 case
— Ind. Code § 31-19-9-8(a)(l) — 2 cases
K.S. v. D.S., 64 N.E.3d 1209 (Ind. Ct. App. 2016).
“The trial court concluded further that Birth Mother’s consent was not required because she had abandoned Child for at least six months prior to the filing of the petition.”
In the Matter of the Adoption of J.T.A. R.S.P. v. S.S., 988 N.E.2d 1250 (Ind. Ct. App. 2013).
“See Ind.Code § 31-19-9-8. Fiancée argued below that Mother’s consent was not necessary because either Mother had abandoned the Child, under sub-section (a)(1) of the above statute, or Mother had failed to support the Child, under sub-section (a)(2)(B).”
— Ind. Code § 31-19-9-8(a)(ll) — 3 cases
In re Adoption of T.L. & T.L. M.G. v. R.J. & E.J., 4 N.E.3d 658 (Ind. 2014).
“” Ind.Code § 31-19-9-8(a)(2). The burden to prove this statutory criterion is satisfied by clear and convincing evidence rests squarely upon the petitioner seeking to adopt.”
— Ind. Code § 31-19-9-8(a)(ll)(B) — 1 case
— Ind. Code § 31-19-9-8(b) — 12 cases
McElvain v. Hite, 800 N.E.2d 947 (Ind. Ct. App. 2003).
“Case Summary Bobby McElvain ("Father") appeals the trial court's order granting Neil Hite's ("Stepfather") petitions for adoption ("Petitions") under Indiana Code Section 31-19-9-8. We reverse. Issue Father raises three issues, one of which we find dispositive: whether the trial…”
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