Ind. Code § 31-35-1.5-1 Application of chapter
Sec. 1. This chapter applies to the termination of a parent-child relationship involving a safe haven infant.
As added by P.L.45-2023, SEC.13.
Ind. Code ch. 31-35-1.5
Ind. Code ch. 31-35-1.5
in effectInd. Code § 31-35-1.5-2 Laws governing procedure
Sec. 2. Proceedings under this chapter are governed by the procedures prescribed by IC 31-35-1.
As added by P.L.45-2023, SEC.13.
Ind. Code § 31-35-1.5-3 Concurrent jurisdiction of probate and juvenile courts
Sec. 3. The probate court has concurrent original jurisdiction with the juvenile court in proceedings on a petition filed under this chapter for the termination of the parent-child relationship.
As added by P.L.45-2023, SEC.13.
Ind. Code § 31-35-1.5-4 Filing of petition
Sec. 4. (a) The:
(1) department's attorney; or
(2) licensed child placing agency;
shall sign and file a verified petition for the termination of the parent-child relationship not more than fifteen (15) days after taking custody of a safe haven infant.
(b) The petition must:
(1) be entitled "In the Matter of the Termination of the Parent-Child Relationship of ____________, a Safe Haven Infant"; and
(2) allege that the:
(A) child was left in a newborn safety device or by a parent with an emergency medical services provider; and
(B) termination of the parent-child relationship is:
(i) in the child's best interest; and
(ii) in furtherance of an adoption.
(c) At the time the verified petition described in subsection (a) is filed:
(1) the department's attorney shall also file a permanency plan for the safe haven infant; or
(2) the licensed child placing agency shall also file a recommendation in support of the prospective adoptive parent with whom the safe haven infant is placed.
As added by P.L.45-2023, SEC.13.
Ind. Code § 31-35-1.5-5 Form of petition
Sec. 5. Notice of a petition to terminate the parent-child relationship under section 4 of this chapter must be given to:
(1) each known living parent of a child born in wedlock, including a man who is presumed to be the child's biological father under IC 31-14-7-1, in accordance with IC 31-19-2.5-6; and
(2) an unnamed or unknown putative parent;
in substantially the following form:
"NOTICE TO UNNAMED PARENT
The unnamed putative parent of a ______ (gender) infant that was voluntarily surrendered on ______ (date) in __________ (county) and born on approximately _____ (birth date range), or the person who claims to be a parent of the infant, is notified that a petition to terminate the parent-child relationship was filed in the office of the clerk of _____ court, _____ (address of court).
If the unnamed putative parent seeks to contest the petition to terminate the parent-child relationship of the infant, the unnamed putative parent must file a motion to contest the petition in accordance with IC 31-35-1.5-8 in the above named court within twenty-eight (28) days after the date of service of this notice. This notice may be served by publication.
If the unnamed putative parent does not file a motion to contest the adoption within twenty-eight (28) days after service of this notice, the above named court shall hear and determine the petition to terminate the parent-child relationship. The unnamed putative parent's consent is irrevocably implied and the unnamed putative parent loses the right to contest the petition to terminate the parent-child relationship or the validity of the unnamed putative parent's implied consent to the termination of the parent-child relationship. The unnamed putative parent loses the right to establish a biological relationship with the child in Indiana or any other jurisdiction.
Nothing anyone else says to the unnamed putative parent of the infant relieves the unnamed putative parent of his or her obligations under this notice.
Under Indiana law, a putative parent is a person who claims that he or she may be the father or mother of an infant who has been voluntarily surrendered but who has not yet been legally proven to be the child's father or mother.
This notice complies with IC 31-35-1.5-5 but does not exhaustively set forth the unnamed putative parent's legal obligations under the Indiana adoption statutes. A person being served with this notice should consult the Indiana adoption statutes.".
As added by P.L.45-2023, SEC.13.
Ind. Code § 31-35-1.5-6 Notice to unnamed or unknown putative parent
Sec. 6. Notice given to an unnamed or unknown putative parent under section 5 of this chapter must be published once a week for three (3) consecutive weeks in the print edition or electronic edition of a newspaper of general circulation in:
(1) the county in which the safe haven infant was voluntarily surrendered; and
(2) each contiguous county to the county described in subdivision (1).
As added by P.L.45-2023, SEC.13.
Ind. Code § 31-35-1.5-7 Verification of notice publication
Sec. 7. (a) The person whose duty it was to cause the publication under section 6 of this chapter or IC 31-19-2.5-6 shall file an affidavit of publication in the clerk's office.
(b) The affidavit described in subsection (a) must:
(1) be attached to a copy of the notice taken from the newspaper or website in which the notice was published;
(2) be the affidavit of a person who:
(A) is employed by the entity that published the notice; and
(B) is at least eighteen (18) years of age; and
(3) specify the county, the date, and the newspaper or website in which the notice was published.
As added by P.L.45-2023, SEC.13.
Ind. Code § 31-35-1.5-8 Conditions under which parents' consent implied
Sec. 8. Both parents' consent to termination of the parent-child relationship is irrevocably implied without further court action if:
(1) neither parent has filed a petition for custody or responded to the notice to unnamed putative parent published under section 6 of this chapter; and
(2) at least twenty-eight (28) days have passed since the department or the licensed child placing agency has taken custody of the safe haven infant.
As added by P.L.45-2023, SEC.13.
Ind. Code § 31-35-1.5-9 Visitation or custody by parent after establishment of paternity or maternity
Sec. 9. If, after a petition is filed by the department or a licensed child placing agency under section 4 of this chapter, a person contacts the department or a licensed child placing agency and claims to be a putative parent of the safe haven infant, the court may issue an order concerning visitation or custody of the safe haven infant if:
(1) the person undergoes a DNA test (as defined in IC 16-37-2-10); and
(2) the DNA test results establish that the person is a biological parent of the safe haven infant.
As added by P.L.45-2023, SEC.13.
Ind. Code § 31-35-1.5-10 Prohibition on court inquiry or investigation regarding parent
Sec. 10. The court may not inquire about the reasons for the parent's absence or investigate why the parent chose to leave the safe haven infant.
As added by P.L.45-2023, SEC.13.
Ind. Code § 31-35-1.5-11 Fees charged by child placing agency to prospective adoptive family
Sec. 11. A licensed child placing agency that files a petition under section 4 of this chapter with respect to a safe haven infant may not charge a prospective adoptive family of the safe haven infant a fee that exceeds the direct costs incurred by the licensed child placing agency for services related to:
(1) the placement of the safe haven infant with the family; and
(2) the licensed child placement agency's participation in the proceedings under this chapter concerning the petition.
As added by P.L.45-2023, SEC.13.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026