Sec. 139. (a) "Parents", for purposes of IC 34-28-3 , means: (1) the child's birth mother and father who: (A) is listed as the father on the birth certificate; (B) is presumed by law under IC 31-14-7 to be the child's father; or (C) has established paternity with a court order; (2) in the case of adoption, the adopting father and mother of a child; (3) where custody of a child has been awarded in a court proceeding to someone other than the mother or father, the court appointed guardian or custodian of the child; (4) where the child's parents are divorced, the parent to whom the divorce decree or modification awards physical custody or control of the child; or (5) if the child's parents are living apart, the parent to whom physical custody or control of the child has been awarded by a court order. (b) The term does not include a natural or adopting parent who has given written consent for the child to be adopted by another (if the child has been adopted by another), nor does the term include a child's parent who has lost custody of the child under subsection (a)(3), (a)(4), or (a)(5).
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