Ind. Code » Title 34
Indiana Code

Ind. Code § 34-28-1-2 (2026)

Application of nonresident; procedure

✓ current as of May 2026
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     Sec. 2. (a) This section applies to a person who:

(1) was born in Indiana; and

(2) is not a resident of Indiana at the time of the application.

     (b) The person may file a verified application in the circuit or superior court of the county of the person's birth for an order to establish a public record of the time and place of the birth of the applicant.

     (c) The court or the judge shall hear and determine the matter set out in the application and petition without the intervention of a jury.

[Pre-1998 Recodification Citation: 34-4-3-2.]

As added by P.L.1-1998, SEC.24.

 

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2001–2026 · leading case: Horn v. Hendrickson, 824 N.E.2d 690 (Ind. Ct. App. 2005).
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Horn v. Hendrickson, 824 N.E.2d 690 (Ind. Ct. App. 2005). · cites it 3× “Indiana's wrongful death statutes are found at Indiana Code § 34-28-1-1 (general wrongful death statute), § 34-28-1-2 (death of adult persons), and § 34-23-2-1 (injury or death of children).”
Durham Ex Rel. Est. of Wade v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001). · cites it 2× “Ind.Code § 34-28-1-2(c)(@)(B). Under this statute punitive damages are precluded in "express terms.”
Hematology-Oncology of Indiana, P.C. v. Fruits, 932 N.E.2d 698 (Ind. Ct. App. 2010). · cites it 4× “" Ind.Code § 34-28-1-2. We must accordingly decline Hematology's invitation to disregard the explicit "but not limited to" language in the AWDA and to find the damages provisions in the two statutes in conflict.”
McCabe v. Comm'r, Indiana Dep't of Ins. as Adm'r of the Indiana Patients Comp. Fund, 930 N.E.2d 1202 (Ind. Ct. App. 2010). “§ 34-28-1-2. It is clear that the GWDS and the CWDS explicitly provide for the option of recovery of reasonable attorney fees, yet, the AWDS does not do so.”
Damon D. Clark v. First Merchants Bank (Ind. Ct. App. 2026). · cites it 6× “Court of Appeals of Indiana | Opinion 24A-MF-2831 | March 11, 2026 Page 6 of 9 [10] In his brief on appeal, Clark provides three sentences to argue the trial court should have accepted and considered his September 27 “affidavit”: Under Indiana Code § 34-28-1-2 and Indiana Trial…”
Tarik Atum Re El v. Lake Circuit Court (mem. dec.) (Ind. Ct. App. 2018). · cites it 2× “I.C. § 34-28-1-2(b). There is no equivalent provision entitling a person who is not a resident of Indiana to seek a change of name in this state.”
Ind. Code § 34-28-1-2(a)(1): 1 case
Hematology-Oncology of Indiana, P.C. v. Fruits, 932 N.E.2d 698 (Ind. Ct. App. 2010). “" Ind.Code § 34-28-1-2. We must accordingly decline Hematology's invitation to disregard the explicit "but not limited to" language in the AWDA and to find the damages provisions in the two statutes in conflict.”
Ind. Code § 34-28-1-2(b): 1 case
Tarik Atum Re El v. Lake Circuit Court (mem. dec.) (Ind. Ct. App. 2018). “I.C. § 34-28-1-2(b). There is no equivalent provision entitling a person who is not a resident of Indiana to seek a change of name in this state.”
Ind. Code § 34-28-1-2(c): 1 case
Durham Ex Rel. Est. of Wade v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001). “Ind.Code § 34-28-1-2(c)(@)(B). Under this statute punitive damages are precluded in "express terms.”
Ind. Code § 34-28-1-2(f): 1 case
Horn v. Hendrickson, 824 N.E.2d 690 (Ind. Ct. App. 2005). “Indiana's wrongful death statutes are found at Indiana Code § 34-28-1-1 (general wrongful death statute), § 34-28-1-2 (death of adult persons), and § 34-23-2-1 (injury or death of children).”
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