Ind. Code § 31-19-9-18
When implied consent to adoption irrevocable
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 18. (a) This section does not apply to the consent of an agency or local office that is served with notice under IC 31-19-4.5 and has lawful custody of a child whose adoption is being sought.
Sec. 18. (a) This section does not apply to the consent of an agency or local office that is served with notice under IC 31-19-4.5 and has lawful custody of a child whose adoption is being sought.
(b) The consent of a person who is served with notice under IC 31-19-4.5 to adoption is irrevocably implied without further court action if the person:
(b) The consent of a person who is served with notice under IC 31-19-4.5 to adoption is irrevocably implied without further court action if the person:
(1) fails to file a motion to contest the adoption as required under IC 31-19-10 not later than thirty (30) days after service of notice under IC 31-19-4.5; or
(1) fails to file a motion to contest the adoption under IC 31-19-10 not later than fifteen (15) days after service of notice under IC 31-19-4.5; or
(2) files a motion to contest the adoption as required under IC 31-19-10 but fails to:
(A) appear at the hearing to contest the adoption; and
(B) prosecute the motion to contest without unreasonable delay.
(c) A court shall dismiss a motion to contest an adoption filed under subsection (b)(2) with prejudice and the person's consent to the adoption shall be irrevocably implied if the court finds that the person who filed the motion to contest is failing to prosecute the motion without unreasonable delay.
(2) files a motion to contest the adoption under IC 31-19-10 and the motion is dismissed by the court under IC 31-19-10-1.2(g) or is otherwise denied by the court.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.