Adoption

H.E.A. 1448, P.L. 203
Effective: July 1, 2021

  • Permits an individual who seeks to adopt a child less than 18 years of age to file a petition for adoption in any county in Indiana if either of the following is filed with the petition: (1) A written consent to the adoption from each individual whose consent to the adoption is required under Indiana law; (2) A certified copy of a court order terminating the parental rights of each parent whose consent to the adoption is required under Indiana law.
  • Requires notice of an adoption petition to be delivered to imprisoned or detained individuals.
  • Specifies certain requirements whendelivering notice of a petition for adoption to an individual whose address is unknown.
  • Provides that certain notice requirements concerning petitions for adoption are met even when the recipient of the notice refuses to accept the offer or tender of the notice.
  • Requires that the notice of an adoption must be given to the local office of the department of child services, if the child is the subject of an open or pending child in need of services proceeding.
  • Mandates that the notice of an adoption must be given to the entity, facility, or individual of which the child is a ward if the child is a subject of an open or pending juvenile delinquency proceeding.
  • Specifies certain other requirements concerning notice for petitions for adoption.
  • Requires the setting aside of an adoption decree if notice is not properly effectuated and the adoption decree is challenged within 45 days of when it was entered.
  • Allows the court to set aside a dismissal of a motion to contest under certain circumstances.
  • Allows the court to consider, in the context of a motion to contest, (1) the parent’s substance abuse; (2) the parent’s voluntary unemployment; or (3) instability in the parent’s household, if the parent has made substantial and continuing progress and it appears reasonably likely that progress will continue.

Read the bill at: http://iga.in.gov/legislative/2021/bills/house/1448