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 ) 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).]
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