Indiana Code

Ind. Code § 31-9-2-100 (2026)

"Putative father"

✓ current as of May 2026
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     Sec. 100. "Putative father", for purposes of IC 31-19 and IC 31-35-1, means a male of any age who is alleged to be or claims that he may be a child's father but who:

(1) is not presumed to be the child's father under IC 31-14-7-1(1) or IC 31-14-7-1(2); and

(2) has not established paternity of the child:

(A) in a court proceeding; or

(B) by executing a paternity affidavit under IC 16-37-2-2.1;

before the filing of an adoption petition.

[Pre-1997 Recodification Citations: 31-3-1-6.1(a); 31-3-1.5-4.]

As added by P.L.1-1997, SEC.1. Amended by P.L.200-1999, SEC.2.

 

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1999–2025 · leading case: In Re Adoption of EL, 913 N.E.2d 1276 (Ind. Ct. App. 2009).
In Re Adoption of EL, 913 N.E.2d 1276 (Ind. Ct. App. 2009). · cites it 4× “Ind.Code § 31-9-2-100. [2] Indiana Code section 31-14-7-1(1) affords a presumption of paternity for a man married to the child's mother when the child was born or conceived, and section 31-14-7-1(2) affords the same presumption if the man and the child's mother attempted to…”
Shaalan v. Jerden, 713 N.E.2d 896 (Ind. Ct. App. 1999). · cites it 2× “Ind.Code § 31-9-2-100(2)(B) (Supp.1997) defines “putative father” as “a male of any age who is alleged to be or claims that he may be a child’s father but who .”
W.G. v. D.B., 908 N.E.2d 586 (Ind. 2009). · cites it 2× “The phrase "putative father" is defined by Indiana Code § 31-9-2-100 as a person who "is alleged to be or claims that he may be a child's father," but who is not statutorily presumed to be the child's father by reason of marriage, attempted marriage, genetic testing, or having…”
In Re Adoption of BW, 889 N.E.2d 1236 (Ind. Ct. App. 2008). · cites it 2× “Additionally, Indiana Code section 31-9-2-100, defines the term "putative father" for purposes of Indiana Code section 31-19 et seq.”
R.J. v. V.N., 913 N.E.2d 1276 (Ind. Ct. App. 2009). · cites it 4× “Ind.Code § 31-9-2-100 2 Indiana Code section 31-14-7-1(1) affords a presumption of paternity for a man married to the child's mother when the child was born or conceived, and seetion 31-14-7-1(2) affords the same presumption if the man and the child's mother attempted to marry…”
Garcia v. Bos, 889 N.E.2d 1236 (Ind. Ct. App. 2008). · cites it 2× “Additionally, Indiana Code section 31-9-2-100, defines the term “putative father” for purposes of Indiana Code section 31-19 et seq.”
In Re Bw, 908 N.E.2d 586 (Ind. 2009). · cites it 2× “[2] The phrase "putative father" is defined by Indiana Code § 31-9-2-100 as a person who "is alleged to be or claims that he may be a child's father," but who is not statutorily presumed to be the child's father by reason of marriage, attempted marriage, genetic testing, or…”
In re the Termination of the Parent-Child Relationship of M.M.E. (Minor Child) & J.H. (Father) J.H. v. Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2020). · cites it 2× “, Ind. Code § 31-9-2-100 (defining the term “putative father”); Ind.”
S R v. T D (Ind. Ct. App. 2024). · cites it 2× “Initially, we note that, despite the DNA test showing that Putative Father is Child’s biological father, he qualifies as a “putative father” under Indiana Code section 31-9-2-100. [11] Matters of statutory interpretation are reviewed de novo.”
M S v. J a (Ind. Ct. App. 2025). · cites it 2× “In July 2019, Mother filed a paternity action in a 1 Pursuant to Indiana Code section 31-9-2-100, a “putative father” is a male who is alleged to be or claims that he may be a child’s father but who: (1) is not presumed to be the child’s father under IC 1-14-7-1(1) or IC…”
C M v. Y N (Ind. Ct. App. 2024). “INDIANA CODE § 31-9-2-100. “The Registry serves in part to preserve a father’s right to oppose an adoption while simultaneously assuring the biological mother and adoptive parents that, when Court of Appeals of Indiana | Opinion 23A-AD-1590| March 6, 2024 Page 9 of 18 a putative…”
Ind. Code § 31-9-2-100(2)(B): 1 case
Shaalan v. Jerden, 713 N.E.2d 896 (Ind. Ct. App. 1999). “Ind.Code § 31-9-2-100(2)(B) (Supp.1997) defines “putative father” as “a male of any age who is alleged to be or claims that he may be a child’s father but who .”
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