Sec. 6. After setting the matter for a hearing under section 5 of this chapter, the court:
(1) may dismiss the petition to contest the adoption under IC 31-19-10-1.2(g) or on other procedural grounds; or
(2) shall, after hearing evidence at the hearing:
(A) dismiss the petition for adoption if the court:
(i) finds that the person who filed the motion to contest the adoption has established that it is in the best interests of the child that the motion to contest the adoption be granted;
(ii) finds that a required consent to adoption has not been obtained in writing or has not been implied under IC 31-19-9; or
(iii) permits a necessary consent to adoption to be withdrawn; or
(B) deny the motion to contest the adoption.
[Pre-1997 Recodification Citation: 31-3-1-6.3(c).]
As added by P.L.1-1997, SEC.11. Amended by P.L.203-2021, SEC.22.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 19. Family Law: Adoption
Chapter 10. Withdrawal of Consent to Adoption; Contest of Adoption
31-19-10-0.5. Standard of Proof
31-19-10-1.4. Basis for Resolving Contested Adoption
31-19-10-2. Notice of Intent to Withdraw Consent or to Contest Adoption
31-19-10-3. Withdrawal of Consent to Adoption
31-19-10-4. Limitation on Withdrawing Consent
31-19-10-4.5. Contesting an Adoption
31-19-10-5. Hearing to Contest Adoption
31-19-10-6. Determination of Contest of Adoption
31-19-10-7. Service of Notice of Adoption Contest; Protection of Privacy of Adoption Petitioner
31-19-10-8. Denial of Putative Father's Adoption Contest as Bar to Establishing Paternity