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Indiana's Adoption Laws

Adoption Records

Indiana

Statute: §§ 31-33-17(5),(6); 31-33-18(1)-(3)

Records Confidential: Yes

Persons with access to records

CPS/State Agencies

• Courts/Judges

• Grand Juries

• Law Enforcement

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Physicians

• Researchers

• Employers

• Parents/Guardians

• Coroners

• Treatment Providers

• Subject of Reports

Persons without access to records

Agencies From Other States

• Reporters of Abuse

• Review Teams

• Public/Any Person

Other Foster care review boards State or local officials Community child protection teams


© This information is from the National Adoption Information Clearinghouse.


Consent to Adoption

The consent may be signed any time following the birth. This is usually done 24 hours following the birth of the child.

Pre-consents are allowed in the state of Indiana.

Revocation Time Frame in Indiana

The consent is irrevocable upon signing.


Parties to an Adoption

Indiana

Who May Adopt

Statute: §§ 31-19-2-2; 31-19-2-3; 31-19-2-4

A resident of Indiana may adopt.

A non-resident may adopt a hard to place child.

Husband and wife must petition jointly.

Who May Be Adopted

Statute: §§ 31-19-2-2; 31-19-2-1

A child less than age 18

A person age 18 or older who consents to his adoption by a resident of Indiana

Who May Place a Child for Adoption

Statute: § 31-19-7-1

A licensed child-placing agency

The Division of Family and Children


© This information is from the National Adoption Information Clearinghouse.


Birth Father Statutes

No information currently available.


Adoption Expenses

Indiana

Birth Parent Expenses Allowed Statute: § 35-46-1-9(b)

  1. • Reasonable attorney fees
  2. • Hospital and medical costs
  3. • Reasonable expenses for counseling
  4. • Travel expenses and maternity clothes
  5. • Living expenses, including housing, utilities, and phone service, during the 2nd and 3rd trimester of pregnancy, not to continue for more than 6 weeks after the child's birth
  6. • Lost wages if leaving a job is made necessary by medical complications of the pregnancy
  7. • Any additional living expenses, as approved by the court, but not in excess of $1,000

Birth Parent Expenses Not Allowed Statute: § 35-46-1-9(b), (c)

  1. • Compensation for lost wages shall be offset by living expenses paid and any unemployment compensation to which mother is entitled.
  2. • Total expenses paid shall not exceed $3,000 unless approved by the court.
  3. • Payment of living expenses shall not extend beyond 6 weeks after the child's birth.

Allowable Payments for Arranging Adoption Statute: § 35-46-1-9 

Reasonable charges and fees levied by a licensed child placing agency or by a county office of family and children are permitted.

Allowable Payments for Relinquishing Child Statute: § 35-46-1-9(a)

 Except for expenses allowed, it is unlawful to transfer or receive property for waiving parental rights or consenting to adoption.

Allowable Fees Charged by Department/Agency Statute: § 31-19-2-8

 The petitioner for adoption must attach to the petition an adoption history fee of $20 and a putative father registry fee of $50, payable to the Department of Health.

Accounting of Expenses Required by Court Statute: § 35-46-1-9(c) 

All fees and expenses paid must be disclosed to the court supervising the adoption.


© This information is from the National Adoption Information Clearinghouse.


International Expenses

No information currently available.


General Adoption Statutes

Indiana

Agency or Person Gathering Information or Preparing Report Statute: § 31-19-23-1

  1. • Child placement agency
  2. • Division of Family and Child Services

Contents of Report About Person to be Adopted Statute: §§ 31-19-2-7; 31-19-8-6

  1. • Health status and medical history including neonatal, psychological, physiological, and medical care
  2. • Former environment and antecedents of the child
  3. • Possible barriers to the child's placement including ethnic background, race, language, disabilities, or a member of a sibling group

Contents of Report About Birth Parents Statute: §§ 31-19-2-7; 31-19-17-2

  1. • Health status
  2. • Medical history
  3. • Medical, psychological, and educational records

Contents of Report About Adoptive Parents Statute: §§ 31-19-8-6; 31-19-2-7.5

  1. • Suitability of the home
  2. • Financial conditions
  3. • Criminal background check

© This information is from the National Adoption Information Clearinghouse.


If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.


DISCLAIMER

American Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.

Other Aspects of Indiana Adoption Law

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