Indiana Code

Ind. Code § 31-35-6-4 (2026)

Rights, privileges, and obligations of parent and child upon termination of relationship

✓ current as of May 2026
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     Sec. 4. (a) If the juvenile or probate court terminates the parent-child relationship:

(1) all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, parenting time, or support, pertaining to the relationship, are permanently terminated; and

(2) the parent's consent to the child's adoption is not required.

     (b) Any support obligations that accrued before the termination are not affected. However, the support payments shall be made under the juvenile or probate court's order.

[Pre-1997 Recodification Citation: 31-6-5-6.]

As added by P.L.1-1997, SEC.18. Amended by P.L.68-2005, SEC.57.

 

IC 31-36ARTICLE 36. JUVENILE LAW: MISSING CHILDREN

 

           Ch. 1.Reports of Missing Children
           Ch. 2.Investigation of Reports of Missing Children
           Ch. 3.Homeless Children

 

IC 31-36-1Chapter 1. Reports of Missing Children

 

           31-36-1-1Contents of reports
           31-36-1-2Time for preparing report
           31-36-1-3Agencies that are to receive report
           31-36-1-3.5Information to the National Center for Missing and Exploited Children
           31-36-1-4Child care centers or homes and schools that are to receive report
           31-36-1-5School record attachments of missing children; procedure upon request for records

 

Notes of Decisions
Cited in 6 cases, 2005–2012 · leading case: Black v. Howard Cnty. Dep't of Child Servs., 896 N.E.2d 1 (Ind. Ct. App. 2008).
Black v. Howard Cnty. Dep't of Child Servs., 896 N.E.2d 1 (Ind. Ct. App. 2008). · cites it 14× “See Ind.Code § 31-35-6-4. Either the parent-child relationship survives, or it does not.”
King v. S.B., 837 N.E.2d 965 (Ind. 2005). · cites it 2× “A parent's consent to adoption is not required under various circumstances such as abandonment or failure to provide for care or support, as prescribed by statute. See Ind. Code § 31-19-9-8 . And consent is not required of a child's parent whose parental rights have been…”
In the Matter of the Adoption of Minor Child.: C.B.M. & C.R.M.: C.A.B. v. J.D.M. & K.L.M., 979 N.E.2d 174 (Ind. Ct. App. 2012). · cites it 2× “The corresponding section of the termination 6 Section 31-35-6-4(a)(2) of the termination statute provides that a parent need not give consent when their rights are terminated by a juvenile or probate court.”
Z.M. v. Marion Cnty. Dep't of Child Servs., 911 N.E.2d 69 (Ind. Ct. App. 2009). · cites it 4× “" Ind.Code § 31-35-6-4(a)(1). Because the DCS had already filed its petition to involuntarily terminate Father's parental rights, it seems that Father attempted to avoid a permanent cessation of these rights by entering into an agreement granting him visitation rights.”
In Re Jh, 911 N.E.2d 69 (Ind. Ct. App. 2009). · cites it 6× “" Ind.Code § 31-35-6-4(a)(1). Because the DCS had already filed its petition to involuntarily terminate Father's parental rights, it seems that Father attempted to avoid a permanent cessation of these rights by entering into an agreement granting him visitation rights.”
Ab v. Sb, 837 N.E.2d 965 (Ind. 2005). · cites it 2× “See Ind.Code §§ 31-35-6-4(a)(2), 31-35-2-4, 31-35-1-1, 31-35-3-4.”
Ind. Code § 31-35-6-4(a): 1 case
Black v. Howard Cnty. Dep't of Child Servs., 896 N.E.2d 1 (Ind. Ct. App. 2008). “See Ind.Code § 31-35-6-4. Either the parent-child relationship survives, or it does not.”
Ind. Code § 31-35-6-4(a)(1): 3 cases
Black v. Howard Cnty. Dep't of Child Servs., 896 N.E.2d 1 (Ind. Ct. App. 2008). “See Ind.Code § 31-35-6-4. Either the parent-child relationship survives, or it does not.”
Z.M. v. Marion Cnty. Dep't of Child Servs., 911 N.E.2d 69 (Ind. Ct. App. 2009). “" Ind.Code § 31-35-6-4(a)(1). Because the DCS had already filed its petition to involuntarily terminate Father's parental rights, it seems that Father attempted to avoid a permanent cessation of these rights by entering into an agreement granting him visitation rights.”
In Re Jh, 911 N.E.2d 69 (Ind. Ct. App. 2009). “" Ind.Code § 31-35-6-4(a)(1). Because the DCS had already filed its petition to involuntarily terminate Father's parental rights, it seems that Father attempted to avoid a permanent cessation of these rights by entering into an agreement granting him visitation rights.”
Ind. Code § 31-35-6-4(a)(2): 3 cases
King v. S.B., 837 N.E.2d 965 (Ind. 2005). “A parent's consent to adoption is not required under various circumstances such as abandonment or failure to provide for care or support, as prescribed by statute. See Ind. Code § 31-19-9-8 . And consent is not required of a child's parent whose parental rights have been…”
In the Matter of the Adoption of Minor Child.: C.B.M. & C.R.M.: C.A.B. v. J.D.M. & K.L.M., 979 N.E.2d 174 (Ind. Ct. App. 2012). “The corresponding section of the termination 6 Section 31-35-6-4(a)(2) of the termination statute provides that a parent need not give consent when their rights are terminated by a juvenile or probate court.”
Ab v. Sb, 837 N.E.2d 965 (Ind. 2005). “See Ind.Code §§ 31-35-6-4(a)(2), 31-35-2-4, 31-35-1-1, 31-35-3-4.”
Ind. Code § 31-35-6-4(a)(l): 1 case
Black v. Howard Cnty. Dep't of Child Servs., 896 N.E.2d 1 (Ind. Ct. App. 2008). “See Ind.Code § 31-35-6-4. Either the parent-child relationship survives, or it does not.”
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