Sec. 10. A court shall determine that consent to adoption is not required from a parent if: (1) the parent is convicted of and incarcerated at the time of the filing of a petition for adoption for: (A) murder ( IC 35-42-1-1 ); (B) causing suicide ( IC 35-42-1-2 ); (C) voluntary manslaughter ( IC 35-42-1-3 ); (D) rape ( IC 35-42-4-1 ); (E) criminal deviate conduct ( IC 35-42-4-2 ) (before its repeal); (F) child molesting ( IC 35-42-4-3 ) as a: (i) Class A or Class B felony, for a crime committed before July 1, 2014; or (ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014; (G) incest ( IC 35-46-1-3 ) as a: (i) Class B felony, for a crime committed before July 1, 2014; or (ii) Level 4 felony, for a crime committed after June 30, 2014; (H) neglect of a dependent ( IC 35-46-1-4 ) as a: (i) Class B felony, for a crime committed before July 1, 2014; or (ii) Level 1 or Level 3 felony, for a crime committed after June 30, 2014; (I) battery ( IC 35-42-2-1 ) of a child as a: (i) Class C felony, for a crime committed before July 1, 2014; or (ii) Level 5 felony, for a crime committed after June 30, 2014; (J) battery ( IC 35-42-2-1 ) as a: (i) Class A or Class B felony, for a crime committed before July 1, 2014; or (ii) Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014; (K) domestic battery ( IC 35-42-2-1.3 ) as a Level 5, Level 4, Level 3, or Level 2 felony; or (L) aggravated battery ( IC 35-42-2-1.5 ) as a Level 3 or Level 1 felony; (2) the child or the child's sibling, half-blood sibling, or step-sibling of the parent's current marriage is the victim of the offense; and (3) after notice to the parent and a hearing, the court determines that dispensing with the parent's consent to adoption is in the child's best interests. [Pre-1997 Recodification Citation: 31-3-1-6(m).]
‹ Prev All Indiana sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.