31-19-10-0.5. Standard of Proof
Sec. 0.5. The party bearing the burden of proof in a proceeding under this chapter must prove the party’s case by clear and convincing evidence. As added by P.L.130-2005, SEC.6.
31-19-10-1. Persons Permitted to Contest Adoption; Deadline for Filing Motion to Contest; Contents of Motion to Contest
Sec. 1. (a) Except as provided in subsection (c), only a person entitled to notice of adoption under IC 31-19-4 or IC 31-19-4.5 may contest an adoption. (b) A person contesting an adoption must file a motion to contest the adoption in writing with the court in which the petition for adoption is filed not […]
31-19-10-1.2. Contested Adoption; Burden of Proof; Notice of Dismissal of Motion to Contest; Motion to Set Aside Dismissal
Sec. 1.2. (a) If a petition for adoption alleges that a parent’s consent to adoption is unnecessary under: (1) IC 31-19-9-8(a)(1); or (2) IC 31-19-9-8(a)(2); and the parent files a motion to contest the adoption under section 1 of this chapter, a petitioner for adoption has the burden of proving that the parent’s consent to […]
31-19-10-1.4. Basis for Resolving Contested Adoption
Sec. 1.4. (a) Except as provided in subsection (b), a court, in making a determination under section 1.2(e) of this chapter, shall consider all relevant evidence, but may not base its determination solely on a finding that a: (1) petitioner for adoption would be a better parent for a child than the parent who filed […]
31-19-10-2. Notice of Intent to Withdraw Consent or to Contest Adoption
Sec. 2. A person seeking to withdraw consent to an adoption under section 3 of this chapter or contesting an adoption must give notice of intent to withdraw consent to or contest the adoption to the following persons: (1) All parties to the adoption. (2) A person whose consent to adoption is required by IC […]
31-19-10-3. Withdrawal of Consent to Adoption
Sec. 3. (a) A consent to adoption may be withdrawn not later than thirty (30) days after consent to adoption is signed if: (1) the court finds, after notice and opportunity to be heard afforded to the petitioner for adoption, that the person seeking the withdrawal is acting in the best interest of the person […]
31-19-10-4. Limitation on Withdrawing Consent
Sec. 4. A consent to adoption may be withdrawn only as provided in this chapter and may not be withdrawn after the entry of the adoption decree. [Pre-1997 Recodification Citation: 31-3-1-6(j) part.] As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.23.
31-19-10-4.5. Contesting an Adoption
Sec. 4.5. A person who is served with notice under IC 31-19-4 or IC 31-19-4.5 and wishes to contest the adoption must do so in accordance with this chapter. [Pre-1997 Recodification Citation: 31-3-1-6.1(l).] As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.21; P.L.61-2003, SEC.19; P.L.113-2017, SEC.9.
31-19-10-5. Hearing to Contest Adoption
Sec. 5. Whenever a motion to contest an adoption is filed, the court shall, before entering a decree under IC 31-19-11, set the matter for a hearing to contest the adoption. [Pre-1997 Recodification Citation: 31-3-1-6.3(b).] As added by P.L.1-1997, SEC.11.
31-19-10-6. Determination of Contest of Adoption
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 […]
31-19-10-7. Service of Notice of Adoption Contest; Protection of Privacy of Adoption Petitioner
Sec. 7. (a) The court may: (1) send all notices of the filing of a motion to contest an adoption; (2) conduct bifurcated hearings under this chapter; and (3) issue an order protecting the anonymity of a petitioner for adoption. (b) An order issued under subsection (a)(3) may include an order directed to an attorney […]
31-19-10-8. Denial of Putative Father’s Adoption Contest as Bar to Establishing Paternity
Sec. 8. A putative father is barred from establishing paternity of a child, by affidavit or otherwise, in Indiana or any other jurisdiction if his motion to contest the adoption has been denied under this chapter. [Pre-1997 Recodification Citation: 31-3-1-6.3(e).] As added by P.L.1-1997, SEC.11. Amended by P.L.113-2017, SEC.10.