Indiana Code 31-19-10-1.2. Contested adoption; burden of proof; notice of dismissal of motion to contest; motion to set aside dismissal
(1) IC 31-19-9-8(a)(1); or
Terms Used In Indiana Code 31-19-10-1.2
- Conviction: A judgement of guilt against a criminal defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
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 the adoption is unnecessary under IC 31-19-9-8.
(b) If a petition for adoption alleges that a parent’s consent to adoption is unnecessary under:
(1) IC 31-19-9-8(a)(4)(B); or
(2) IC 31-19-9-8(a)(4)(C);
and the parent files a motion to contest the adoption under section 1 of this chapter, the parent has the burden of proving that the child was not conceived under circumstances that would cause the parent’s consent to be unnecessary under IC 31-19-9-8(a)(4). The absence of a criminal prosecution and conviction is insufficient to satisfy the burden of proof.
(c) If a petition for adoption alleges that a parent’s consent to adoption is unnecessary under IC 31-19-9-8(a)(9) 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 the adoption is unnecessary under IC 31-19-9-8(a)(9).
(d) If a petition for adoption alleges that a legal guardian or lawful custodian’s consent to adoption is unnecessary under IC 31-19-9-8(a)(10) and the legal guardian or lawful custodian files a motion to contest the adoption under section 1 of this chapter, the legal guardian or lawful custodian has the burden of proving that the withholding of the consent to adoption is in the best interests of the person sought to be adopted.
(e) If a petition for adoption alleges that a parent’s consent to adoption is unnecessary under IC 31-19-9-8(a)(11) 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 requirements of IC 31-19-9-8(a)(11) are satisfied and that the best interests of the child are served if the court dispenses with the parent’s consent to adoption.
(f) If a petition for adoption alleges that a parent’s consent to adoption is unnecessary under:
(1) IC 31-19-9-9; or
(2) IC 31-19-9-10;
and the parent files a motion to contest the adoption under section 1 of this chapter, a petitioner has the burden of proving that the requirements of IC 31-19-9-9 or IC 31-19-9-10, respectively, are satisfied and that the best interests of the child are served if the court dispenses with the parent’s consent to adoption.
(g) If a court finds that the person who filed the motion to contest the adoption fails to:
(1) diligently prosecute the motion;
(2) comply with procedural rules and statutes governing contested adoptions;
(3) obey an order of the court; or
(4) appear, after proper notice, at a hearing relating to the motion to contest the adoption;
the court may dismiss the motion to contest with prejudice, and the person’s consent to the adoption shall be irrevocably implied.
(h) A court that dismisses a person’s motion to contest under subsection (g)(4) shall notify the person of the dismissal and may set aside the dismissal if, not later than fourteen (14) days after the person receives notice of the dismissal, the person files a motion with the court setting forth facts that:
(1) establish good cause for the person’s failure to appear; and
(2) if proven, demonstrate that the person’s failure to appear was reasonable.
As added by P.L.61-2003, SEC.16. Amended by P.L.203-2021, SEC.20.