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Indiana Code

Ind. Code § 31-35-1-6 (2026)

Consent; written denial of paternity or consent to termination of relationship before birth of child bars challenge to adoptions or termination of parental rights

✓ current as of May 2026
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     Sec. 6. (a) Except as provided in subsection (c), the parents must give their consent in open court unless the court makes findings of fact upon the record that:

(1) the parents gave their consent in writing before a person authorized by law to take acknowledgments; and

(2) the parents were:

(A) advised in accordance with section 12 of this chapter; and

(B) advised that if they choose to appear in open court, the only issue before the court is whether their consent was voluntary.

     (b) If:

(1) the court finds the conditions under subsection (a)(1) and (a)(2) have been met; and

(2) a parent appears in open court;

a court may consider only the issue of whether the parent's consent was voluntary.

     (c) The consent of a parent to the termination of the parent-child relationship under this chapter is not required if:

(1) consent to the termination of the parent-child relationship is implied under section 4.5 of this chapter, if the parent is the putative father;

(2) the parent's consent to the adoption of the child would not be required under:

(A) IC 31-19-9-8;

(B) IC 31-19-9-9; or

(C) IC 31-19-9-10;

(3) the child's biological father 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 or termination of parent-child relationship proceedings; or

(4) the child's biological father consents to the termination of the parent-child relationship before the birth of the child if the consent:

(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 consent to the termination of the parent-child relationship is irrevocable; and

(ii) the child's father will not receive notice of adoption or termination of parent-child relationship proceedings.

A child's father who denies paternity of the child under subdivision (3) or consents to the termination of the parent-child relationship under subdivision (4) may not challenge or contest the child's adoption or termination of the parent-child relationship.

     (d) A child's mother may not consent to the termination of the parent-child relationship before the birth of the child.

[Pre-1997 Recodification Citation: 31-6-5-2(c) part.]

As added by P.L.1-1997, SEC.18. Amended by P.L.200-1999, SEC.27; P.L.130-2005, SEC.12; P.L.146-2007, SEC.14; P.L.58-2009, SEC.31.

 

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1999–2021 · leading case: Neal v. Termination of the Parent-Child Relationship of M.N., 796 N.E.2d 280 (Ind. 2003).
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Neal v. Termination of the Parent-Child Relationship of M.N., 796 N.E.2d 280 (Ind. 2003). · cites it 13× “However, another provision of the Indiana Code provides in relevant part: For purposes of sections 6 and 8 [I.C. § 31-35-1-6 and I.C. § 31-35-1-8] of this chapter, the parents must be advised that: *283 (1) their consent is permanent and cannot be revoked or set aside unless it…”
Neal v. Termination of the Parent-Child Relationship of M.N., 768 N.E.2d 485 (Ind. Ct. App. 2002). · cites it 6× “Thus, the "open court" provision in Indiana Code Section 31-35-1-6 and the "voluntariness hearing" requirement in Indiana Code Section 31-35-1-12(8) can be combined in a single hearing where the trial court both "accepts" the written consent and determines the voluntariness of…”
In the Matter of the Term. of the Parent-Child Relationship of M.N., A Minor Child, & M.C., Her Father L.N. & Heartland Adoption Agency v. M.C., 27 N.E.3d 1116 (Ind. Ct. App. 2015). · cites it 2× “Importantly, and as required by Indiana Code section 31-35-1-6, M.C. appeared in open court and consented to the voluntary termination of his parental rights.”
Wight v. Kosciusko Cnty. Off. of Fam. & Child., 712 N.E.2d 1081 (Ind. Ct. App. 1999). · cites it 4× “CODE § 31-35-1-6 provides that [t]he parents must give their consent [to the termination of their parental rights] in open court unless the court makes findings of fact upon the record that: (1) the parents gave their consent in writing before a person authorized by law to take…”
In the Matter of the Termination of the Parent-Child Relationship of A.A.D. & A.C.D. E.B. (Mother) v. The Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2018). · cites it 10× “Ind. Code § 31-35-1-6 (a). Here, Mother did not give her consent to termination of her parental rights in writing, 5 nor was there evidence that she was advised of her rights in accordance with Indiana Code Section 31-35-1-6(a)(2).”
In the Matter of the Involuntary Termination of the Parent-Child Relationship of D.C., Jr. (Minor Child) & T.J. (Mother) & D.C. (Father) v. The Indiana Dep't of Child Servs. (Ind. Ct. App. 2020). · cites it 10× “I.C. § 31-35-1-6 (emphasis added). [33] Section 12 specifies that “parents must be advised that,” among other things, “the parents’ consent cannot be based upon a promise regarding the child’s adoption or contact of any type with the child after the parents voluntarily…”
In re the Termination of the Parent Child Relationship of: K.E. (Minor Child), & A.C. (Mother) v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2021). · cites it 8× “Pursuant to Indiana Code section 31-35-1-6, before allowing parents to consent to voluntary termination of their parental rights, the parents must have given their consent in writing before a legally authorized person, have been “advised in accordance with [Indiana Code section…”
In Re Jwwr, 712 N.E.2d 1081 (Ind. Ct. App. 1999). · cites it 4× “" Ind.Code § 31-35-1-6. Only where the parent "fail[s] to appear" in open court is this requirement inapplicable.”
In the Termination of the Parent-Child Relationship of: J.W. & D.C. (Minor Child.), & J.W. (Father) v. Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2017). · cites it 4× “I.C. § 31-35-1-6(a). According to Father, the fact that he expressed his desire to sign adoption consents during the initial hearing should have been sufficient for the trial court to enter a voluntary termination order.”
Term. of the Parent-Child Rel. of A.M.K. & A.O.K., minor Child., & T.D., biological father T.D. v. Indiana Dept. of Child Servs. (Ind. Ct. App. 2013). · cites it 4× “Furthermore, Indiana Code section 31-35-1-6 requires that a parent be present in open court when voluntarily relinquishing his parental rights.”
In Re: The Adoption of B.J.P., Minor Child, B.W. & J.P. v. N.C. & K.C. (mem. dec.) (Ind. Ct. App. 2015). · cites it 4× “Ind. Code § 31-35-1-6 . [17] Mother’s interpretation, while sensible, is simply not the law.”
K.F. v. B.B. Termination: Adoption Agency v. B.B. (mem. dec.) (Ind. Ct. App. 2020). · cites it 2× “[37] A companion statute, Ind. Code § 31-35-1-6 , sets forth the requirements for the valid execution of a consent to voluntary termination of parental rights: (a) Except as provided in subsection (c), the parents must give their consent in open court unless the court makes…”
Show all 14 citing cases →
Ind. Code § 31-35-1-6(3): 2 cases
Wight v. Kosciusko Cnty. Off. of Fam. & Child., 712 N.E.2d 1081 (Ind. Ct. App. 1999). “CODE § 31-35-1-6 provides that [t]he parents must give their consent [to the termination of their parental rights] in open court unless the court makes findings of fact upon the record that: (1) the parents gave their consent in writing before a person authorized by law to take…”
In Re Jwwr, 712 N.E.2d 1081 (Ind. Ct. App. 1999). “" Ind.Code § 31-35-1-6. Only where the parent "fail[s] to appear" in open court is this requirement inapplicable.”
Ind. Code § 31-35-1-6(a): 6 cases
Neal v. Termination of the Parent-Child Relationship of M.N., 796 N.E.2d 280 (Ind. 2003). “However, another provision of the Indiana Code provides in relevant part: For purposes of sections 6 and 8 [I.C. § 31-35-1-6 and I.C. § 31-35-1-8] of this chapter, the parents must be advised that: *283 (1) their consent is permanent and cannot be revoked or set aside unless it…”
Neal v. Termination of the Parent-Child Relationship of M.N., 768 N.E.2d 485 (Ind. Ct. App. 2002). “Thus, the "open court" provision in Indiana Code Section 31-35-1-6 and the "voluntariness hearing" requirement in Indiana Code Section 31-35-1-12(8) can be combined in a single hearing where the trial court both "accepts" the written consent and determines the voluntariness of…”
In the Termination of the Parent-Child Relationship of: J.W. & D.C. (Minor Child.), & J.W. (Father) v. Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2017). “I.C. § 31-35-1-6(a). According to Father, the fact that he expressed his desire to sign adoption consents during the initial hearing should have been sufficient for the trial court to enter a voluntary termination order.”
In re the Termination of the Parent Child Relationship of: K.E. (Minor Child), & A.C. (Mother) v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2021). “Pursuant to Indiana Code section 31-35-1-6, before allowing parents to consent to voluntary termination of their parental rights, the parents must have given their consent in writing before a legally authorized person, have been “advised in accordance with [Indiana Code section…”
In the Matter of the Termination of the Parent-Child Relationship of A.A.D. & A.C.D. E.B. (Mother) v. The Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2018). “Ind. Code § 31-35-1-6 (a). Here, Mother did not give her consent to termination of her parental rights in writing, 5 nor was there evidence that she was advised of her rights in accordance with Indiana Code Section 31-35-1-6(a)(2).”
Ind. Code § 31-35-1-6(a)(2): 1 case
In the Matter of the Termination of the Parent-Child Relationship of A.A.D. & A.C.D. E.B. (Mother) v. The Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2018). “Ind. Code § 31-35-1-6 (a). Here, Mother did not give her consent to termination of her parental rights in writing, 5 nor was there evidence that she was advised of her rights in accordance with Indiana Code Section 31-35-1-6(a)(2).”
Ind. Code § 31-35-1-6(a)(2)(A): 2 cases
In the Matter of the Involuntary Termination of the Parent-Child Relationship of D.C., Jr. (Minor Child) & T.J. (Mother) & D.C. (Father) v. The Indiana Dep't of Child Servs. (Ind. Ct. App. 2020). “I.C. § 31-35-1-6 (emphasis added). [33] Section 12 specifies that “parents must be advised that,” among other things, “the parents’ consent cannot be based upon a promise regarding the child’s adoption or contact of any type with the child after the parents voluntarily…”
In re the Termination of the Parent Child Relationship of: K.E. (Minor Child), & A.C. (Mother) v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2021). “Pursuant to Indiana Code section 31-35-1-6, before allowing parents to consent to voluntary termination of their parental rights, the parents must have given their consent in writing before a legally authorized person, have been “advised in accordance with [Indiana Code section…”
Ind. Code § 31-35-1-6(b): 1 case
Term. of the Parent-Child Rel. of A.M.K. & A.O.K., minor Child., & T.D., biological father T.D. v. Indiana Dept. of Child Servs. (Ind. Ct. App. 2013). “Furthermore, Indiana Code section 31-35-1-6 requires that a parent be present in open court when voluntarily relinquishing his parental rights.”
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