POLICY AND PRACTICE: PUTATIVE FATHER REGISTRIES

PUTATIVE FATHER REGISTRIES

Indiana

http://www.law.indiana.edu/codes/in/31/ch-31-3-1.5.html

Context

Title 31

Article 3

Chapter 1.5

Section 1

Indiana Code 31-3-1.5-1

Enacted 1994

Amended 1994

IC 31-3-1.5-1 Sec. 1. This chapter applies to a putative father whenever:

(1) an adoption under IC 31-3-1 is filed regarding a child who may have been conceived by the putative father; and

(2) the child's mother has not disclosed the identity or address of the putative father to an attorney or agency that is arranging the child's adoption.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-2

Enacted 1994

Amended 1994

IC 31-3-1.5-2 Sec. 2. As used in this chapter, "child" includes an unborn child.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-3

Enacted 1994

Amended 1994

IC 31-3-1.5-3 Sec. 3. As used in this chapter, "department" means the state department of health.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-4

Enacted 1994

Amended 1995

IC 31-3-1.5-4 Sec. 4. (a) As used in this chapter, "putative father" means a man who may be a child's father but who:

(1) is not married to the child's mother on or before the date that the child is born;

(2) has not established paternity of the child in a court proceeding before the filing of an adoption petition for the child; or

(3) has not established paternity of the child under IC 16-37-2-2.1.

(b) The term includes a male who:

(1) is less than eighteen (18) years of age;

(2) is not married to the child's mother on or before the date that the child is born;

(3) has not established paternity in a court proceeding before the filing of an adoption petition for the child; or

(4) has not established paternity of the child under IC 16-37-2-2.1.

As added by P.L.100-1994, SEC.10. Amended by P.L.46-1995, SEC.78; P.L.133-1995, SEC.30.

Indiana Code 31-3-1.5-5

Enacted 1994

Amended 1994

IC 31-3-1.5-5 Sec. 5. As used in this chapter, "registry" means the putative father registry established under section 6 of this chapter.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-6

Enacted 1994

Amended 1994

IC 31-3-1.5-6 Sec. 6. The putative father registry is established within the department. The department shall adopt rules under IC 4-22-2 to administer the registry.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-7b

Enacted 1994

Amended 1995

Note: This version of section amended by P.L.133-1995, SEC.31. See also preceding version of this section, amended by P.L.46-1995,

SEC.79.

IC 31-3-1.5-7 Sec. 7. (a) The registry's purpose is to determine the identity and location of a father:

(1) whose identity and location has not been disclosed by the mother of the child to an attorney or agency that is arranging the adoption of the child; and

(2) who may have conceived a child for whom an adoption petition has been or may be filed in order to provide notice of the adoption to the putative father.

(b) A putative father of a child who registers in accordance with this chapter is entitled to notice of the child's adoption under Rule 4.1 of the Indiana Rules of Trial Procedure.

As added by P.L.100-1994, SEC.10. Amended by P.L.133-1995, SEC.31.

Note: See also preceding version of this section, amended by P.L.46-1995, SEC.79.

Indiana Code 31-3-1.5-8

Enacted 1994

Amended 1994

IC 31-3-1.5-8 Sec. 8. (a) The putative father whose identity is not disclosed by the child's mother to an attorney or agency that is arranging or may arrange an adoption of the child is required to register under this chapter to entitle the putative father to notice of the child's adoption.

(b) Nothing in this chapter relieves a man who is presumed to be a father under IC 31-6-6.1-9(b) from the obligation of registering in accordance with this chapter in order to receive notice of an adoption of a child for whom the man may be the presumed father.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-9

Enacted 1994

Amended 1994

IC 31-3-1.5-9 Sec. 9. (a) The department shall maintain the following information in the registry:

(1) The putative father's:

(A) name;

(B) address at which the putative father may be served with notice of an adoption under Rule 4.1 of the Indiana Rules of Trial Procedure;

(D) date of birth.

(2) The mother's:

(A) name, including all other names known to the putative father that the mother uses; and

(B) address, Social Security number, and date of birth, if known.

(3) The child's name and place of birth, if known.

(4) The date that the department receives a putative father's registration.

(5) The:

(A) name of an attorney or agency that requests the department to search the registry under section 14 of this chapter to determine whether a putative father is registered in relation to a mother whose child is or may be the subject of an adoption; and

(B) date that the attorney or agency submits a request as provided under this subdivision.

(6) Any other information that the department determines is necessary to access the information in the registry.

(b) If a putative father does not have an address where the putative father is able to receive notice of an adoption, the putative father may designate another person as an agent for the purpose of receiving notice of adoption. The putative father must provide the department with the agent's name and the address at which the agent may be served.

Service of notice upon the agent under Rule 4.1 of the Indiana Rules of Trial Procedure constitutes service of notice upon the putative father. If notice of an adoption may not be served on the agent under Rule 4.1 of the Indiana Rules of Trial Procedure as provided by this subsection, no further notice of the adoption to the agent or to the putative father is necessary.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-10

Enacted 1994

Amended 1994

IC 31-3-1.5-10 Sec. 10. The department shall store the registry's data in a manner so that the data is accessible under the following:

(1) The putative father's name.

(2) The mother's name.

(3) The child's name, if known.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-11

Enacted 1994

Amended 1994

IC 31-3-1.5-11 Sec. 11. (a) A putative father who registers under this chapter shall provide to the department:

(1) the putative father's:

(A) name;

(B) address at which the putative father may be served with notice of an adoption under Rule 4.1 of the Indiana Rules of Trial Procedure;

(D) date of birth;

(2) the mother's name, including all other names known to the putative father that the mother uses; and

(3) any other information described under section 9 of this chapter that is known to the putative father.

(b) A putative father shall register under this section on a registration form prescribed by the department. The registration form must be signed by the putative father and notarized.

(1) verifying with the department the accuracy of the registration;

and

(2) submitting to the department an amended registration each time the information supplied by the putative father under this section changes; during the period specified under section 12 of this chapter.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-12

Enacted 1994

Amended 1994

IC 31-3-1.5-12 Sec. 12. (a) To be entitled to receive notice of an adoption under IC 31-3-1, a putative father shall register with the department under section 8 of this chapter not later than:

(1) thirty (30) days after the child's birth; or

(2) the date of the filing of a petition for the child's adoption; whichever occurs later.

(b) A putative father may register under subsection (a) before the child's birth.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-13

Enacted 1994

Amended 1994

IC 31-3-1.5-13 Sec. 13. (a) The department shall:

(1) prescribe a registration form for the information that a putative father submits under section 11 of this chapter; and

(2) make the registration forms available through:

(A) the department;

(B) each clerk of a circuit court; and

(b) Each:

(1) clerk of a circuit court;

(2) branch office of the bureau of motor vehicles;

(3) hospital; and

(4) local health department;

shall post in a conspicuous place a notice that informs the public about the purpose and operation of the registry.

(1) where to obtain a registration form;

(2) where to register;

(3) the circumstances under which a putative father is required to register;

(4) the period under section 12 of this chapter during which a putative father is required to register to entitle the putative father to receive notice of an adoption; and

(5) the consequences of not submitting a timely registration.

However, failure to post a proper notice under this subsection does not relieve a putative father of the obligation to register with the department in accordance with this chapter to entitle the putative father to notice of the adoption of a child who may have been conceived by the putative father.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-14

Enacted 1994

Amended 1994

IC 31-3-1.5-14 Sec. 14. (a) An attorney or agency that arranges an adoption or may arrange an adoption may at any time request that the department search the registry to determine whether a putative father is registered in relation to a mother whose child is the subject of an adoption or may be the subject of an adoption. However, whenever an adoption petition is filed, the attorney or agency that arranges the adoption shall:

(1) request that the department search the registry under this section at least one (1) day after the expiration of the period specified under section 12 of this chapter; and

(2) file an affidavit prepared by the department under subsection (b) in response to a request under subdivision (1) with the court presiding over the adoption under IC 31-3-1.

(b) Not later than ten (10) days after receiving a request under subsection (a), the department shall submit an affidavit to the attorney or agency verifying whether a putative father is registered within the period under section 12 of this chapter in relation to a mother whose child is the subject of the adoption that the attorney or agency is arranging. Whenever the department finds that one (1) or more putative fathers are registered, the department shall:

(1) submit a copy of each registration form with the department's affidavit; and

(2) include in the affidavit the date that the attorney or agency submits the request for a search that relates to the affidavit.

(c) A court may not grant an adoption unless the department's affidavit under subsection (b) is filed with the court as provided under IC 31-3-1-8.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-15

Enacted 1994

Amended 1994

IC 31-3-1.5-15 Sec. 15. Whenever the department receives a request under section 14(a) of this chapter, the department shall:

(1) search its records of paternity determinations filed under IC

31-6-6.1-10.5; and

(2) notify the attorney or agency, in compliance with IC

31-6-6.1-10.5, as to whether a record of a paternity determination has been filed concerning a child who is or may be the subject of an adoption that the attorney or agency is arranging.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-16

Enacted 1994

Amended 1995

IC 31-3-1.5-16 Sec. 16. A putative father who fails to register within the period specified under section 12 of this chapter waives notice of an adoption proceeding. The putative father's waiver under this subsection constitutes an irrevocably implied consent to the child's adoption.

As added by P.L.100-1994, SEC.10. Amended by P.L.267-1995, SEC.3.

Indiana Code 31-3-1.5-17

Enacted 1994

Amended 1994

IC 31-3-1.5-17 Sec. 17. A putative father may revoke a registration at any time by submitting a signed, notarized statement revoking the registration.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-18

Enacted 1994

Amended 1994

IC 31-3-1.5-18 Sec. 18. (a) A putative father shall submit a registration under this chapter:

(1) in person; or

(2) by:

(A) facsimile transmission;

(B) mail;

(D) express delivery service.

(b) A person listed under section 19 of this chapter who requests information about a registration from the department shall submit the request in writing and under the penalties of perjury state that the requesting person is entitled to receive the information under this chapter. The person shall submit the request to the department in a manner described under subsection (a).

(c) Except as provided in section 14(b) of this chapter, the department shall immediately respond to requests regarding registrations under this chapter in:

(1) writing; and

(2) a manner described in subsection (a).

However, the department may charge a fee for responding to a request under this subsection, unless the department mails its response.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-19

Enacted 1994

Amended 1994

IC 31-3-1.5-19 Sec. 19. Upon written request by:

(1) a putative father;

(2) a mother;

(3) a child;

(4) any party or attorney of record in a pending adoption;

(5) an attorney who represents prospective adoptive parents or petitioners in an adoption;

(6) a licensed child placing agency that represents prospective adoptive parents or petitioners in an adoption; or

(7) a court that presides over a pending adoption; the department shall furnish a certified copy of a putative father's registration form. However, the department may release the certified copy of the registration form to a person under subdivisions (1) through (3) only if the information contained in the registration form names the requesting person.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-19

Enacted 1994

Amended 1994

IC 31-3-1.5-19 Sec. 19. Upon written request by:

(1) a putative father;

(2) a mother;

(3) a child;

(4) any party or attorney of record in a pending adoption;

(5) an attorney who represents prospective adoptive parents or petitioners in an adoption;

(6) a licensed child placing agency that represents prospective adoptive parents or petitioners in an adoption; or

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-20

Enacted 1994

Amended 1994

IC 31-3-1.5-20 Sec. 20. Except as otherwise provided in this chapter, information contained within the registry is confidential.

As added by P.L.100-1994, SEC.10.

Indiana Code 31-3-1.5-21

Enacted 1994

Amended 1994

IC 31-3-1.5-21 Sec. 21. (a) A person who knowingly or intentionally registers false information under this chapter commits a Class A misdemeanor.

(b) A person who knowingly or intentionally releases or requests confidential information in violation of this chapter commits a Class A misdemeanor. However, it is a defense under this subsection if the state registrar releases confidential information while acting:

(1) in good faith; and

(2) with reasonable diligence.

As added by P.L.100-1994, SEC.10.

POLICY AND PRACTICE: putative father registries | open records and voluntary ragistries | state registries