CHAPTER 4.5. OTHER PERSONS ENTITLED TO NOTICE OF ADOPTION - Indiana Statutes

IC 31-19-4.5
     Chapter 4.5. Other Persons Entitled to Notice of Adoption

IC 31-19-4.5-1
Application
     Sec. 1. This chapter:
        (1) shall not be construed to affect notice of an adoption provided to a putative father under IC 31-19-4; and
        (2) applies to a father who has abandoned, failed to support, or failed to communicate with a child.
As added by P.L.61-2003, SEC.10. Amended by P.L.146-2007, SEC.7.

IC 31-19-4.5-2
Notice when consent not required
     Sec. 2. Except as provided in IC 31-19-2.5-4, if a petition for adoption alleges that consent to adoption is not required under IC 31-19-9-8, notice of the adoption must be given to the person from whom consent is allegedly not required under IC 31-19-9-8. Notice shall be given:
        (1) in the same manner as a summons and complaint are served under Rule 4.1 of the Indiana Rules of Trial Procedure if the person's name and address are known; or
        (2) in the same manner as a summons is served by publication under Rule 4.13 of the Indiana Rules of Trial Procedure if the name or address of the person is not known;
to a petitioner for adoption.
As added by P.L.61-2003, SEC.10. Amended by P.L.146-2007, SEC.8.

IC 31-19-4.5-3
Form of adoption notice
     Sec. 3. Notice of the adoption proceeding shall be given to a person entitled to notice under section 2 of this chapter in substantially the following form:

"NOTICE OF ADOPTION

    ________ (person's name) is notified that a petition for adoption of a child, named __________ (child's name, if named), born to __________ (mother's name) on __________ (date) was filed in the office of the clerk of __________ court, __________ (address of the court). The petition for adoption alleges that the consent to adoption of __________ (person's name) is not required because _________________________ (provide a brief description of the reason(s) the consent is not required).
    If __________ (person's name) seeks to contest the adoption of the child, __________ (person's name) must file a motion to contest the adoption in accordance with IC 31-19-10-1 in the above named court not later than thirty (30) days after the date of service of this notice.
    If __________ (person's name) does not file a motion to contest

the adoption within thirty (30) days after service of this notice the above named court will hear and determine the petition for adoption. The consent to adoption of __________ (person's name) will be irrevocably implied and __________ (person's name) will lose the right to contest either the adoption or the validity of __________'s (person's name) implied consent to the adoption.
    No oral statement made to __________ (person's name) relieves __________ (person's name) of __________'s (person's name) obligations under this notice.
    This notice complies with IC 31-19-4.5-3 but does not exhaustively set forth a person's legal obligations under the Indiana adoption statutes. A person being served with this notice should consult the Indiana adoption statutes.".
As added by P.L.61-2003, SEC.10.

IC 31-19-4.5-4
Waiver of notice
     Sec. 4. (a) The notice required by this chapter may be waived in writing before or after the birth of a child.
    (b) A waiver of notice under subsection (a) must:
        (1) be in writing and signed in the presence of a notary public; and
        (2) acknowledge that:
            (A) the waiver is irrevocable; and
            (B) the person signing the waiver will not receive notice of the adoption proceedings.
A person who waives notice of an adoption may not challenge or contest an adoption of the child.
As added by P.L.61-2003, SEC.10. Amended by P.L.130-2005, SEC.3.

IC 31-19-4.5-5
Content of notice
     Sec. 5. The description in the notice under section 3 of this chapter of the reasons consent to adoption is not required need only include enough information to put a reasonable person on notice that a petition for adoption that alleges the person's consent to adoption is unnecessary is pending. The description does not require an exhaustive description of the reasons the person's consent to adoption is not required.
As added by P.L.61-2003, SEC.10.