Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 3. (a) The recodification act of the 1997 regular session of the general assembly does not affect: (1) any rights or liabilities accrued; (2) any penalties incurred; (3) any violations committed; (4) any proceedings begun; (5) any bonds, notes, loans, or other forms of indeb…

Sec. 4. The recodification act of the 1997 regular session of the general assembly shall be construed as a recodification of prior family law and juvenile law. Except as provided in section 1(1) and 1(2) of this chapter, if the literal meaning of the recodification act of the 199…

Sec. 5. Subject to section 8 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 1997 regular session of the general assembly shall be treated after the effective date of the…

Sec. 6. A citation reference in the recodification act of the 1997 regular session of the general assembly to another provision of the recodification act of the 1997 regular session of the general assembly shall be treated as including a reference to the provision of prior family…

Sec. 7. (a) As used in the recodification act of the 1997 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 1997 regular session of the general assembly refers to e…

Sec. 8. (a) A reference in the recodification act of the 1997 regular session of the general assembly to a citation in the prior family law and juvenile law before its repeal is added in certain sections of the recodification act of the 1997 regular session of the general assembl…

Sec. 1. As used in this chapter, "repealed statutes" refer to the following statutes repealed by P.L.180-1986: (1) IC 16-1-37-7. (2) IC 31-1-1. (3) IC 31-1-2. (4) IC 31-1-3. (5) IC 31-1-4. (6) IC 31-1-5. (7) IC 31-1-6. (8) IC 31-1-7. (9) IC 31-1-8. (10) IC 31-1-9. As added by P.L…

Sec. 2. (a) P.L.180-1986 is intended to be a codification and restatement of applicable or corresponding provisions of the repealed statutes. If P.L.180-1986 repeals and replaces a provision in the same form or in a restated form, the substantive operation and effect of that prov…

Sec. 1. (a) Only a female may marry a male. Only a male may marry a female. (b) A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized. [Pre-1997 Recodification Citation: 31-7-1-2.] As added by P.L.1-199…

Sec. 2. Two (2) individuals may not marry each other if the individuals are more closely related than second cousins. However, two (2) individuals may marry each other if the individuals are: (1) first cousins; and (2) both at least sixty-five (65) years of age. [Pre-1997 Recodif…

Sec. 3. Two (2) individuals may not marry each other if either individual has a husband or wife who is alive. [Pre-1997 Recodification Citation: 31-7-1-4.] As added by P.L.1-1997, SEC.3.

Sec. 4. Except as provided in sections 5 and 7 of this chapter, two (2) individuals may not marry each other unless both individuals are at least eighteen (18) years of age. [Pre-1997 Recodification Citation: 31-7-1-5.] As added by P.L.1-1997, SEC.3. Amended by P.L.94-2020, SEC.3…

Sec. 5. Two (2) individuals may marry each other if: (1) both individuals are at least sixteen (16) years of age; (2) one (1) of the individuals is not more than four (4) years older than the other individual if the other individual is sixteen (16) or seventeen (17) years of age;…

Sec. 7. (a) A minor who is sixteen (16) or seventeen (17) years of age may petition the juvenile court in the county in which the minor resides for an order granting the minor approval to marry and completely emancipating the minor. The petition must contain the following informa…

Sec. 1. (a) This chapter applies only in judicial circuits in which the judges of the superior and circuit courts determine that: (1) the social conditions in the county; and (2) the number of domestic relations cases in the courts; make the procedures provided in this chapter ne…

Sec. 10. A domestic relations referee shall perform such duties as the judge of the domestic relations court assigns to the referee. [Pre-1997 Recodification Citation: 31-1-23-6 part.] As added by P.L.1-1997, SEC.4.

Sec. 11. A domestic relations counselor shall, when directed by the judge of any domestic relations court, perform the following duties in domestic relations cases and such other duties as the judge of the domestic relations court assigns to the counselor: (1) The domestic relati…

Sec. 12. The judge of a domestic relations court may appoint from among the domestic relations counselors one (1) counselor to act as director of domestic relations counseling. The director shall: (1) be responsible for receiving all applications and assignments for counseling un…

Sec. 13. The: (1) use of counseling service provided under this chapter; and (2) action taken that has been recommended by the domestic relations counselor; is not condonation on the part of either spouse of acts that may constitute grounds for dissolution of the marriage. [Pre-1…

Sec. 14. (a) All counseling: (1) proceedings; (2) interviews; and (3) conferences; shall be held in private. (b) All communications, verbal or written, and any record made as a result of the communications from the parties to the judge, the domestic relations counselor, or other …

Sec. 15. If after a reasonable time it appears that the use of counseling services under this chapter is not effective, the court shall, upon application of either party, set the cause for hearing on the court's trial docket. [Pre-1997 Recodification Citation: 31-1-23-13.] As add…

Sec. 16. (a) This section does not apply to counseling proceedings, interviews, conferences, and communications that are confidential under section 14 of this chapter. (b) A domestic relations court established under this chapter is a court of record and all proceedings in the co…

Sec. 2. In judicial circuits having at least three (3) judges of the superior court, probate court, and circuit court, the judges of the superior, probate, and circuit courts may annually, in January, designate one (1) or more of the judges to hear all cases under this chapter. T…

Sec. 3. Each court exercising the jurisdiction conferred by this chapter may be designated as a domestic relations court. [Pre-1997 Recodification Citation: 31-1-23-3.] As added by P.L.1-1997, SEC.4.

Sec. 4. (a) Whenever a domestic relations court is established under this chapter, the domestic relations court has jurisdiction over all proceedings in the following causes of action: (1) Dissolution of marriage. (2) Separation. (3) Annulment. (4) Child support. (5) Paternity. (…

Sec. 5. (a) If a judge appointed to act as judge of the domestic relations court is: (1) on vacation; (2) absent; or (3) for any reason unable to perform the judge's duties; a majority of the judges of the superior and circuit courts may appoint another of the judges to act as ju…

Sec. 6. The clerk of the courts in a judicial circuit in which a domestic relations court is established shall file all cases listed in section 4(a) of this chapter in the domestic relations court. [Pre-1997 Recodification Citation: 31-1-23-10 part.] As added by P.L.1-1997, SEC.4…

Sec. 7. The forms of action for: (1) dissolution of marriage; (2) annulment; (3) separation; (4) child support; or (5) paternity; that are available to the parties under statute are the forms of action in any domestic relations court established under this chapter. However, the c…

Sec. 8. Before the filing of an action for dissolution of marriage, annulment, separation, child support, or paternity, either spouse or both spouses may file in the domestic relations court a petition invoking the jurisdiction of the court for: (1) the purpose of preserving the …

Sec. 9. (a) In each of the judicial circuits in which this chapter applies, judges of the superior and circuit courts may appoint one (1) or more professionally qualified domestic relations: (1) referees; (2) counselors; (3) assistants; and (4) clerks; as are considered necessary…

Sec. 1. If a marriage is void because the parties to the marriage are more closely related than second cousins, the children of the marriage shall be treated as if the children are children of a marriage that is not void. [Pre-1997 Recodification Citation: 31-7-8-1.] As added by …

Sec. 2. If: (1) a marriage is void because either of the parties to the marriage has a living husband or wife; and (2) either of the parties to the marriage did not reasonably believe that either of the parties had a living husband or wife; the children of the marriage shall be t…

Sec. 3. A child of a marriage that is annulled under IC 31-11-10 (or IC 31-7-7 before its repeal) is considered to be a child of a valid marriage if the child is conceived before the marriage is annulled. [Pre-1997 Recodification Citation: 31-7-8-5.] As added by P.L.1-1997, SEC.5…

Sec. 1. The general assembly favors the public policy of establishing paternity under this article of a child born out of wedlock. [Pre-1997 Recodification Citation: 31-6-6.1-1.5.] As added by P.L.1-1997, SEC.6.

Sec. 2. A determination of paternity or related order that: (1) was issued before May 1, 1989; (2) was issued five (5) or more months after the father's death; and (3) resulted from a civil proceeding for the establishment of paternity that was filed in accordance with IC 31-6-6.…

Sec. 1. This article shall be construed and applied to promote the purposes and policies of this article. [Pre-1997 Recodification Citation: 31-1-11.5-1(a) part.] As added by P.L.1-1997, SEC.7.

Sec. 2. The purposes and policies of this article are as follows: (1) To abolish the existing grounds for absolute and limited divorce and to provide as the basis for dissolution of marriage: (A) irretrievable breakdown of the marriage; (B) the conviction of either party, subsequ…

Sec. 1. This chapter and IC 31-16-2 through IC 31-16-12 shall be construed and applied to promote the purpose and policy of this chapter and IC 31-16-2 through IC 31-16-12. [Pre-1997 Recodification Citation: 31-1-11.5-1(a) part.] As added by P.L.1-1997, SEC.8.

Sec. 2. The purpose and policy of this chapter and IC 31-16-2 through IC 31-16-12 are to provide for child support. [Pre-1997 Recodification Citation: 31-1-11.5-1(b) part.] As added by P.L.1-1997, SEC.8.

Sec. 1. This chapter, IC 31-17-2, IC 31-17-4, IC 31-17-6, and IC 31-17-7 shall be construed and applied to promote the purpose and policy of this chapter, IC 31-17-2, IC 31-17-4, IC 31-17-6, and IC 31-17-7. [Pre-1997 Recodification Citation: 31-1-11.5-1(a) part.] As added by P.L.…

Sec. 2. The purpose and policy of this chapter, IC 31-17-2, IC 31-17-4, IC 31-17-6, and IC 31-17-7 are to provide for child custody. [Pre-1997 Recodification Citation: 31-1-11.5-1(b) part.] As added by P.L.1-1997, SEC.9.

Sec. 1. Except as provided in IC 31-28-4, the adoption of a child who is born in one (1) state by a person in another state is subject to the Interstate Compact on the Placement of Children under IC 31-28-4. [1997 Recodification Citation: New.] As added by P.L.1-1997, SEC.11. Ame…

Sec. 2. (a) This section applies to each Indiana county that has a separate probate court. (b) The probate court has exclusive jurisdiction in all adoption matters. [Pre-1997 Recodification Citations: 31-3-1-1(a) part 31-3-1-11 part.] As added by P.L.1-1997, SEC.11.

Sec. 1. The general assembly declares that it is against public policy to enforce any term of a surrogate agreement that requires a surrogate to do any of the following: (1) Provide a gamete to conceive a child. (2) Become pregnant. (3) Consent to undergo or undergo an abortion. …

Sec. 2. A surrogate agreement described in section 1 of this chapter that is formed after March 14, 1988, is void. [Pre-1997 Recodification Citation: 31-8-2-2.] As added by P.L.1-1997, SEC.12.

Sec. 3. After March 14, 1988, a court may not base a decision concerning the best interests of a child in any civil action solely on evidence that a surrogate and any other person: (1) entered into a surrogate agreement; or (2) acted in accordance with a surrogate agreement; unle…