Sec. 15. (a) The putative father's consent to adoption of the child is irrevocably implied without further court action if the father:
(1) fails to file a paternity action:
(A) under IC 31-14; or
(B) in a court located in another state that is competent to obtain jurisdiction over the paternity action;
not more than thirty (30) days after receiving actual notice under IC 31-19-3 of the mother's intent to proceed with an adoptive placement of the child, regardless of whether the child is born before or after the expiration of the thirty (30) day period; or
(2) files a paternity action:
(A) under IC 31-14; or
(B) in a court located in another state that is competent to obtain jurisdiction over the paternity action;
during the thirty (30) day period prescribed by subdivision (1) and fails to establish paternity in the paternity proceeding under IC 31-14 or the laws applicable to a court of another state when the court obtains jurisdiction over the paternity action.
(b) This section does not prohibit a putative father who meets the requirements of section 17(b) of this chapter from establishing paternity of the child.
[Pre-1997 Recodification Citation: 31-3-1-6.4(d).]
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.21.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 19. Family Law: Adoption
Chapter 9. Consent to Adoption
31-19-9-0.2. Application of Certain Amendments to Prior Law
31-19-9-2. Execution of Consent; Timing; Restrictions
31-19-9-6. Information and Forms Provided to Birth Parents
31-19-9-7. Contact Preference Forms
31-19-9-9. Parent's Crime Against Child's Other Parent; Effect on Consent Requirement
31-19-9-10. Parent's Crime Against Child or Child's Sibling; Effect on Consent Requirement
31-19-9-12. When Consent of Putative Father Irrevocably Implied
31-19-9-13. Challenge of Adoption or Validity of Implied Consent by Putative Father; When Precluded
31-19-9-14. Establishment of Paternity by Putative Father; When Precluded
31-19-9-15. When Consent of Putative Father Irrevocably Implied; Additional Circumstances
31-19-9-17. Establishment of Paternity by Putative Father; Restrictions
31-19-9-18. When Implied Consent to Adoption Irrevocable
31-19-9-19. Implied Consent to Adoption Bar to Adoption Challenge