Section 31-19-11-1 - Decree; affidavit; criminal convictions and juvenile adjudications(a) Whenever the court has heard the evidence and finds that:(1) the adoption requested is in the best interest of the child;(2) the petitioner or petitioners for adoption are of sufficient ability to rear the child and furnish suitable support and education;(3) the report of the investigation and recommendation under IC 31-19-8-5 has been filed;(4) the attorney or agency arranging an adoption has filed with the court an affidavit prepared by the Indiana department of health under IC 31-19-5-16 indicating whether a man is entitled to notice of the adoption because the man has registered with the putative father registry in accordance with IC 31-19-5;(5) proper notice arising under subdivision (4), if notice is necessary, of the adoption has been given;(6) the attorney or agency has filed with the court an affidavit prepared by the Indiana department of health under: (A) IC 31-19-6 indicating whether a record of a paternity determination; or(B) IC 16-37-2-2(g) indicating whether a paternity affidavit executed under IC 16-37-2-2.1; has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has been given;(8) the petitioner for adoption is not prohibited from adopting the child as the result of an inappropriate criminal history described in subsection (c) or (d); and(9) the person, licensed child placing agency, or local office that has placed the child for adoption has provided the documents and other information required under IC 31-19-17 to the prospective adoptive parents; the court shall grant the petition for adoption and enter an adoption decree.
(b) A court may not grant an adoption unless the Indiana department of health's affidavit under IC 31-19-5-16 is filed with the court as provided under subsection (a)(4).(c) A juvenile adjudication for an act listed in IC 31-9-2-84.8 that would be a felony if committed by an adult, a conviction of a misdemeanor related to the health and safety of a child, or a conviction of a felony not listed in IC 31-9-2-84.8 by a petitioner for adoption or household member is a permissible basis for the court to deny the petition for adoption. In addition, the court may not grant an adoption if a petitioner for adoption has been convicted of a nonwaivable offense under IC 31-9-2-84.8. However, the court is not prohibited from granting an adoption based upon a felony conviction for: (1) a felony under IC 9-30-5;(2) battery (IC 35-42-2-1);(3) criminal recklessness (IC 35-42-2-2) as a felony;(4) criminal confinement (IC 35-42-3-3); (5) arson (IC 35-43-1-1); (6) nonsupport of a dependent child (IC 35-46-1-5);(7) operating a motorboat while intoxicated (IC 35-46-9-6) as a felony;(8) a felony involving a weapon under IC 35-47; or(9) a felony relating to controlled substances under IC 35-48-4; if the date of the conviction did not occur within the immediately preceding five (5) year period.
(d) A court may not grant an adoption if the petitioner is a sex or violent offender (as defined in IC 11-8-8-5) or a sexually violent predator (as defined in IC 35-38-1-7.5).(e) In addition to this section, section 1.1 of this chapter applies when one (1) or more petitioners is a person with a disability.Pre-1997 Recodification Citations: 31-3-1-8(a); 31-3-1.5-14(c).
Amended by P.L. 56-2023,SEC. 282, eff. 7/1/2023.Amended by P.L. 146-2021,SEC. 9, eff. 7/1/2021.Amended by P.L. 142-2020,SEC. 38, eff. 7/1/2020.Amended by P.L. 243-2019,SEC. 5, eff. 7/1/2019.Amended by P.L. 158-2013, SEC. 311, eff. 7/1/2014.Amended by P.L. 128-2012, SEC. 56, eff. 7/1/2012.Amended by P.L. 162-2011, SEC. 16, eff. 7/1/2011.As added by P.L. 1-1997, SEC.11. Amended by P.L. 257-1997 (ss), SEC.38; P.L. 200-1999, SEC.23; P.L. 1-2002, SEC.126; P.L. 123-2002, SEC.29; P.L. 129-2005, SEC.3; P.L. 140-2006, SEC.17 and P.L. 173-2006, SEC.17; P.L. 145-2006, SEC.253; P.L. 1-2007, SEC.196; P.L. 138-2007, SEC.44; P.L. 216-2007, SEC.34; P.L. 3-2008, SEC.238; P.L. 21-2010, SEC.7.