Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 5. Notwithstanding any other provision of this chapter, an action must be filed: (1) during the lifetime of the alleged father; or (2) not later than five (5) months after his death. [Pre-1997 Recodification Citation: 31-6-6.1-6(d).] As added by P.L.1-1997, SEC.6.…

Sec. 6. The child, the child's mother, and each person alleged to be the father are necessary parties to each action. [Pre-1997 Recodification Citation: 31-6-6.1-2(c).] As added by P.L.1-1997, SEC.6.

Sec. 7. A man who files or is a party to a paternity action shall register with the putative father registry under IC 31-19-5. [1997 Recodification Citation: New.] As added by P.L.1-1997, SEC.6.

Sec. 8. An action not otherwise barred is not barred by: (1) the death or stillbirth of the child; or (2) the death of the mother. [Pre-1997 Recodification Citation: 31-6-6.1-6(g).] As added by P.L.1-1997, SEC.6.

Sec. 9. A man who is barred under IC 31-19 from establishing paternity may not establish paternity by: (1) filing a paternity action as next friend of a child; or (2) requesting a prosecuting attorney to file a paternity action. As added by P.L.21-2010, SEC.1.

Sec. 1. Either party may request a protective order to prevent domestic or family violence at any time during the dissolution of marriage or legal separation action by filing a petition under IC 34-26-5 in the court in which the case is pending. The court may not require the movi…

Sec. 0.2. The amendments made to IC 31-1-11.7-2 (before its repeal, now codified at sections 1, 8, 9, and 10 of this chapter) by P.L.293-1987 apply to the visitation rights of grandparents who have been granted visitation rights before September 1, 1985. As added by P.L.220-2011,…

Sec. 0.3. The amendments made to IC 31-1-11.7-2, IC 31-1-11.7-3, and IC 31-1-11.7-6 (before their repeal, now codified in this chapter) by P.L.270-1989 apply to adoptions in which a final order is issued by a trial court after May 5, 1989. As added by P.L.220-2011, SEC.503.

Sec. 1. (a) A child's grandparent may seek visitation rights if: (1) the child's parent is deceased; (2) the marriage of the child's parents has been dissolved in Indiana; or (3) subject to subsection (b), the child was born out of wedlock. (b) A court may not grant visitation ri…

Sec. 10. If the marriage of the child's parents has been dissolved in another state, the child's maternal or paternal grandparent may seek visitation rights if: (1) the custody decree entered in the action for dissolution of marriage does not bind the grandparent under IC 31-21-3…

Sec. 2. (a) The court may grant visitation rights if the court determines that visitation rights are in the best interests of the child. (b) In determining the best interests of the child under this section, the court may consider whether a grandparent has had or has attempted to…

Sec. 3. (a) A proceeding for grandparent's visitation must be commenced by the filing of a petition entitled, "In Re the visitation of _________". The petition must: (1) be filed by a grandparent entitled to receive visitation rights under this chapter; (2) be verified; and (3) s…

Sec. 4. A grandparent seeking visitation rights shall file a petition requesting reasonable visitation rights: (1) in a circuit, superior or probate court of the county in which the child resides in a case described in section 1(a)(1), 1(a)(3), or 10 of this chapter; or (2) in th…

Sec. 5. Whenever a petition is filed, a copy of the petition, together with a copy of a summons, shall be served upon the custodial and noncustodial parent or guardian of each child with whom visitation is sought in the same manner as service of summons in civil actions generally…

Sec. 6. Upon hearing evidence in support of and opposition to a petition filed under this chapter, the court shall enter a decree setting forth the court's findings and conclusions. [Pre-1997 Recodification Citation: 31-1-11.7-7.] As added by P.L.1-1997, SEC.9.

Sec. 7. The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child. [Pre-1997 Recodification Citation: 31-1-11.7-8.] As added by P.L.1-1997, SEC.9.

Sec. 8. (a) This section applies to a child born out of wedlock. (b) Visitation rights provided for in section 1 or 10 of this chapter survive the establishment of paternity of a child by a court proceeding other than an adoption proceeding. [Pre-1997 Recodification Citation: 31-…

Sec. 9. Visitation rights provided for in section 1 or 10 of this chapter survive the adoption of the child by any of the following: (1) A stepparent. (2) A person who is biologically related to the child as: (A) a grandparent; (B) a sibling; (C) an aunt; (D) an uncle; (E) a niec…

Sec. 1. (a) This chapter applies to a putative father whenever: (1) an adoption under IC 31-19-2 has been or may be filed regarding a child who may have been conceived by the putative father; and (2) on or before the date the child's mother executes a consent to the child's adopt…

Sec. 10. A putative father shall register under this chapter on a registration form prescribed by the state department. The registration form must be signed by the putative father and notarized. [Pre-1997 Recodification Citation: 31-3-1.5-11(b).] As added by P.L.1-1997, SEC.11. A…

Sec. 11. A putative father who registers under this chapter is responsible for: (1) verifying with the state department the accuracy of the registration; and (2) submitting to the state department an amended registration each time the information supplied by the putative father c…

Sec. 12. (a) To be entitled to notice of an adoption under IC 31-19-3 or IC 31-19-4, a putative father must register with the state department under section 5 of this chapter not later than: (1) thirty (30) days after the child's birth; or (2) the earlier of the date of the filin…

Sec. 13. The state department shall: (1) prescribe a registration form for the information that a putative father submits under section 9 of this chapter; and (2) make the registration forms available through: (A) the state department; (B) each clerk of a circuit court; and (C) e…

Sec. 14. (a) Each: (1) clerk of a circuit court; (2) branch office of the bureau of motor vehicles; (3) hospital; and (4) local health department; shall post in a conspicuous place a notice that informs the public about the purpose and operation of the registry. (b) The notice un…

Sec. 15. (a) An attorney or agency that arranges an adoption or may arrange an adoption may at any time request that the state department search the registry to determine whether a putative father: (1) is registered in relation to a mother whose child is or may be the subject of …

Sec. 16. (a) Not later than five (5) days after receiving a request under section 15 of this chapter, the state department shall submit an affidavit to the attorney or agency verifying whether a putative father: (1) is registered within the period specified by section 12 of this …

Sec. 17. Whenever the state department receives a request under section 15 of this chapter, the state department shall: (1) search the state department's records of paternity determinations and notices of filings of petitions to establish paternity filed under IC 31-14-9-2; and (…

Sec. 18. A putative father who fails to register within the period specified by section 12 of this chapter waives notice of an adoption proceeding. The putative father's waiver under this section constitutes an irrevocably implied consent to the child's adoption. [Pre-1997 Recodi…

Sec. 19. A putative father may revoke a registration at any time by submitting a signed, notarized statement revoking the registration. [Pre-1997 Recodification Citation: 31-3-1.5-17.] As added by P.L.1-1997, SEC.11.

Sec. 2. The putative father registry is established within the Indiana department of health. The state department shall adopt rules under IC 4-22-2 to administer the registry. [Pre-1997 Recodification Citation: 31-3-1.5-6.] As added by P.L.1-1997, SEC.11. Amended by P.L.56-2023, …

Sec. 20. A putative father must submit a registration under this chapter: (1) in person; or (2) by: (A) facsimile transmission; (B) mail; (C) private courier; or (D) express delivery service. [Pre-1997 Recodification Citation: 31-3-1.5-18(a).] As added by P.L.1-1997, SEC.11.…

Sec. 21. (a) Subject to subsection (b), upon written request by: (1) a putative father; (2) a mother; (3) a child; (4) any party or attorney of record in a pending adoption; (5) an attorney who represents: (A) prospective adoptive parents; (B) petitioners in an adoption; (C) a mo…

Sec. 22. (a) Except as provided in section 16 of this chapter, the state department shall immediately respond to requests regarding registrations under this chapter: (1) in writing; and (2) in a manner described by section 20 of this chapter. (b) The state department may charge a…

Sec. 23. Except as otherwise provided in this chapter, information contained within the registry is confidential. [Pre-1997 Recodification Citation: 31-3-1.5-20.] As added by P.L.1-1997, SEC.11.

Sec. 24. A person who knowingly or intentionally registers false information under this chapter commits a Class A misdemeanor. [Pre-1997 Recodification Citation: 31-3-1.5-21(a).] As added by P.L.1-1997, SEC.11.

Sec. 25. (a) A person who knowingly or intentionally releases or requests confidential information in violation of this chapter commits a Class A misdemeanor. (b) It is a defense under this section if the state registrar releases confidential information while acting: (1) in good…

Sec. 3. The registry's purpose is to determine the name and address of a father: (1) whose name and address have not been disclosed by the mother of the child, on or before the date the mother executes a consent to the child's adoption, to: (A) an attorney; or (B) an agency; that…

Sec. 4. A putative father of a child who registers in accordance with this chapter (or IC 31-3-1.5 before its repeal) is entitled to notice of the child's adoption under IC 31-19-2.5-6. [Pre-1997 Recodification Citation: 31-3-1.5-7(b).] As added by P.L.1-1997, SEC.11. Amended by …

Sec. 5. If, on or before the date the mother of a child executes a consent to the child's adoption, the mother does not disclose to an attorney or agency that: (1) is arranging; or (2) may arrange; an adoption of the child the name or address, or both, of the putative father of t…

Sec. 6. (a) This chapter does not relieve a man who is presumed to be a father under 31-14-7-2 from the obligation of registering in accordance with this chapter to be entitled to notice of an adoption of a child for whom the man may be the presumed father. (b) The filing of a pa…

Sec. 7. (a) The state department shall maintain the following information in the registry: (1) The putative father's: (A) name; (B) address at which the putative father may be served with notice of an adoption under IC 31-19-2.5-6; (C) Social Security number; and (D) date of birt…

Sec. 8. The state department shall store the registry's data to make the data accessible under the following: (1) The putative father's name. (2) The mother's name. (3) The child's name, if known. [Pre-1997 Recodification Citation: 31-3-1.5-10.] As added by P.L.1-1997, SEC.11. Am…

Sec. 9. (a) A putative father who registers under this chapter shall provide to the state department the following: (1) The putative father's: (A) name; (B) address at which the putative father may be served with notice of an adoption under Rule 4.1 of the Indiana Rules of Trial …

Sec. 1. (a) Except as otherwise provided in section 4 of this chapter, an Indiana court has jurisdiction to make an initial child custody determination only if one (1) of the following applies: (1) Indiana is the home state of the child on the date of the commencement of the proc…

Sec. 10. (a) Subject to local law providing for the confidentiality of procedures, addresses, and other identifying information in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall provide information, under oath, regarding: (1) the …

Sec. 11. If the declaration as to any of the items described in section 10(b)(1) through 10(b)(3) of this chapter is in the affirmative, the party shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of …