Ind. Code § 31-19-11-0.5 Expedited proceedings
Sec. 0.5. A court shall expedite all proceedings under this chapter.
As added by P.L.89-2023, SEC.11.
Ind. Code ch. 31-19-11
Ind. Code ch. 31-19-11
in effectInd. Code § 31-19-11-1 Decree; affidavit; criminal convictions and juvenile adjudications
Note: This version of section amended by P.L.145-2026, SEC.170. See also following version of this section amended by P.L.158-2026, SEC.24.
Sec. 1. (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 31-9-2.1-168 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 31-9-2.1-168 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 31-9-2.1-168. 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).]
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; P.L.162-2011, SEC.16; P.L.128-2012, SEC.56; P.L.158-2013, SEC.311; P.L.243-2019, SEC.5; P.L.142-2020, SEC.38; P.L.146-2021, SEC.9; P.L.56-2023, SEC.282; P.L.145-2026, SEC.170.
Ind. Code § 31-19-11-1 Decree; affidavit; criminal convictions and juvenile adjudications
Note: This version of section amended by P.L.158-2026, SEC.24. See also preceding version of this section amended by P.L.145-2026, SEC.170.
Sec. 1. (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) (before its repeal) 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).]
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; P.L.162-2011, SEC.16; P.L.128-2012, SEC.56; P.L.158-2013, SEC.311; P.L.243-2019, SEC.5; P.L.142-2020, SEC.38; P.L.146-2021, SEC.9; P.L.56-2023, SEC.282; P.L.158-2026, SEC.24.
Ind. Code § 31-19-11-1.1 Prohibited discrimination and considerations for petitions for adoption filed by persons with a disability
Sec. 1.1. (a) As used in this section, "disability" has the meaning set forth in 42 U.S.C. 12102.
(b) A court, in determining whether to grant a petition for adoption:
(1) shall not discriminate against; and
(2) shall take into consideration the provision of reasonable accommodations to;
a petitioner who is a person with a disability, as provided under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 through 42 U.S.C. 12134), and other applicable state and federal law.
As added by P.L.146-2021, SEC.10.
Ind. Code § 31-19-11-2 Custody provision in decree
Sec. 2. If the child is a ward of:
(1) a guardian;
(2) an agency; or
(3) the department;
the court shall provide for the custody of the child in the adoption decree.
[Pre-1997 Recodification Citation: 31-3-1-8(b).]
As added by P.L.1-1997, SEC.11. Amended by P.L.146-2008, SEC.560.
Ind. Code § 31-19-11-3 Request for financial assistance; determination of eligibility for financial assistance
Sec. 3. (a) If the petition for adoption contained a request for financial assistance, the court shall refer the petitioner to the department to complete and submit to the department the Indiana Adoption Program application for a determination of eligibility for:
(1) adoption assistance under 42 U.S.C. 673, including applicable federal and state regulations; or
(2) an adoption subsidy under IC 31-19-26.5.
(b) The department shall determine the eligibility of the adoptive child for financial assistance and the amount of assistance, if any, that will be provided.
(c) The court may not order payment of:
(1) adoption assistance under 42 U.S.C. 673; or
(2) any adoption subsidy under IC 31-19-26.5.
[Pre-1997 Recodification Citation: 31-3-1-8(c).]
As added by P.L.1-1997, SEC.11. Amended by P.L.146-2008, SEC.561; P.L.131-2009, SEC.22.
Ind. Code § 31-19-11-4 Names
Sec. 4. If a new name is requested in a petition for adoption, upon the entry of an adoption decree the child shall take the name requested.
[Pre-1997 Recodification Citation: 31-3-1-8(d).]
As added by P.L.1-1997, SEC.11.
Ind. Code § 31-19-11-5 Dismissal of petition; gradual change of custody
Sec. 5. (a) If the court dismisses a petition for adoption, the court shall determine the person who should have custody of the child.
(b) If the court determines that it is necessary to change the child's custody to another person, regardless of the person's right to immediate custody, the court may order a plan for a gradual change of custody to ease the child's transition unless the gradual change of custody would:
(1) endanger the child's physical health; or
(2) significantly impair the child's emotional development.
(c) The court may do the following:
(1) Implement a change of custody under this section by gradually increasing the child's visitation with each person who is entitled to custody.
(2) Order counseling for the child and the persons involved in the change of custody so that a plan for the gradual change of custody may be developed and implemented.
(3) Consult with the counselor who assists the persons in developing the plan to determine an order for the gradual change of custody that meets the child's best interests.
[Pre-1997 Recodification Citation: 31-3-1-8(e).]
As added by P.L.1-1997, SEC.11.
Ind. Code § 31-19-11-6 Court prohibitions on granting petitions for adoption
Sec. 6. The court may not grant a petition for adoption of a child if:
(1) the parent-child relationship between the child and a parent has been terminated; and
(2) one (1) or more of the following apply with respect to the termination described in subdivision (1):
(A) The time for filing an appeal (including a request for transfer or certiorari) has not elapsed.
(B) An appeal is pending.
(C) An appellate court is considering a request for transfer or certiorari.
[Pre-1997 Recodification Citation: 31-3-1-8(f).]
As added by P.L.1-1997, SEC.11. Amended by P.L.81-2014, SEC.3.
Ind. Code § 31-19-11-7 Forward copy of adoption decree
Sec. 7. If a court determines that an adopted child is the subject of an order to pay child support or to provide medical support being enforced by the state under IC 31-25-4-13.1, the court shall direct the clerk of the court to forward a certified copy of the adoption decree to all the following:
(1) The court with jurisdiction over the child support order.
(2) The clerk of the court in which the child support order resides.
(3) The prosecuting attorney enforcing the child support order, if the order is enforced through the Title IV-D child support program.
As added by P.L.206-2015, SEC.55.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026