[startedover]

I have a friend here in TN that is adopting her sisters baby from Indiana. What is the time before emom can sign and then how long is the time mom has to change her mind. Does there have to be a home study done since this is within the family? The father is not know, what happens with that. ? Thank you

[BrandyHagz]

The Homestudy issue isn't addressed in the statutes - that generally means that the judge can decide whatever they want.

As for the rest of your questions, here are the statutes:

Who Must Consent to an Adoption
Citation: Ann. Code § 31-19-9-1
Written consent to adoption must be executed by the following:

* Each living parent of a child born in wedlock
* The mother of a child born out of wedlock and the father of a child who has established paternity
* Each person, agency, or county office of family and children having lawful custody of the child
* The court having jurisdiction of the custody of the child, if the legal guardian or custodian of the person of the child is not empowered to consent to the adoption
* The spouse of the child to be adopted, if the child is married

A parent who is under age 18 may consent to an adoption without the concurrence of the individual's parents or guardian unless the court, in the court's discretion, determines that it is in the best interest of the child to be adopted to require the concurrence.


When Parental Consent is not Needed
Citation: Ann. Code §§ 31-19-9-8 to 31-19-9-10
Consent is not required from any of the following:

* A parent who is adjudged to have abandoned the child for at least 6 months immediately prior to filing of the petition
* A parent of a child in the custody of another person who fails for a period of at least 1 year to communicate significantly or provide for the care and support of the child when able to do so
* A biological father of a child born out of wedlock who has not established paternity
* A biological father of a child born out of wedlock whose child was conceived as a result of rape, child molesting, sexual misconduct with a minor, or incest
* A putative father whose consent to adoption is irrevocably implied, who established paternity after an adoption petition was filed, or who failed to register with the putative father registry
* A parent who has relinquished the right to consent or whose rights have been terminated
* A parent judicially declared incompetent or mentally defective
* A legal guardian who has unreasonably failed to consent to the adoption
* A parent who has been found to be unfit
* A biological father who had denied paternity before or after the birth of the child

Consent to adoption is not required from a parent if the parent is convicted of committing any of the crimes listed below and the victim is the child’s other parent:

* Murder, causing suicide, or voluntary manslaughter
* An attempt to commit a crime described above
* A crime in another State that is substantially similar to a crime described above

Consent to adoption is not required from a parent if the parent is convicted of any of the following and the victim is another child of the parent:

* Murder, causing suicide, or voluntary manslaughter
* Rape, criminal deviate conduct, child molesting, or incest
* Neglect of a dependent or battery



When Consent Can Be Executed
Citation: Ann. Code § 31-19-9-2
The consent to adoption may be executed at any time after the birth of the child. The child's mother may not execute a consent to adoption before the birth of the child.

The child's father may execute a consent to adoption before the birth of the child if the consent to adoption:

* Is in writing
* Is signed by the child's father in the presence of a notary public
* Contains an acknowledgment that the consent to adoption is irrevocable and the child's father will not receive notice of the adoption proceedings



How Consent Must Be Executed
Citation: Ann. Code § 31-19-9-2
The consent to adoption may be executed either in the presence of:

* The court
* A notary public or other person authorized to take acknowledgments
* An authorized agent of the department, a county office of family and children, or a licensed child-placing agency



Revocation of Consent
Citation: Ann. Code §§ 31-19-9-2(d);31-19-10-3; 31-19-10-4
A child's father who consents to the adoption of the child prior to the child's birth may not challenge or contest the child's adoption.

A consent to adoption may be withdrawn no later than 30 days after consent to adoption is signed, if the court finds that the person seeking the withdrawal is acting in the best interest of the person sought to be adopted.

A consent to adoption may not be withdrawn after the entry of the adoption decree.


Rights of Presumed (Putative) Fathers, The
Ann. Code §§ 31-9-2-9; 31-9-2-88; 31-9-2-100

''Alleged father'' means any man claiming to be or charged with being a child's biological father.

''Parent,'' for purposes of the juvenile law, means a biological or an adoptive parent. Unless otherwise specified, the term includes both parents, regardless of their marital status.

''Putative father'' means a male of any age who is alleged to be or claims that he may be a child's father but who:

* Is not presumed to be the child's father under §§ 31-14-7-1(1) or IC 31-14-7-1(2)
* Has not established paternity of the child before the filing of an adoption petition:
o In a court proceeding
o By executing a paternity affidavit under § 16-37-2-2.1



Putative father registry
Ann. Code §§ 31-19-5-2; 31-19-5-3; 31-19-5-5

The putative father registry is established within the State Department of Health. The registry's purpose is to determine the name and address of a father:

* Whose name and address have not been disclosed by the mother of the child, on or before the date the mother executes a consent to the child's adoption, to an attorney agency that is arranging the adoption of the child
* Who may have conceived a child for whom a petition for adoption has been or may be filed to provide notice of the adoption to the putative father

If, on or before the date the mother of a child executes a consent to the child's adoption, the mother does not disclose to an attorney or agency that is arranging or may arrange an adoption of the child the name or address, or both, of the putative father of the child, the putative father must register under this chapter to entitle him to notice of the child's adoption.

Alternate means to establish paternity
Ann. Code § 16-37-2-2.1

Immediately before or after the birth of a child who is born out of wedlock, a person who attends or plans to attend the birth, including personnel of all public or private birthing hospitals, shall provide an opportunity for the child's mother and a man who reasonably appears to be the child's biological father to execute an affidavit acknowledging paternity of the child.

A paternity affidavit must be executed on a form provided by the department. The paternity affidavit is valid only if the affidavit is executed as follows:

* If executed through a hospital, the affidavit must be completed not more than 72 hours after the child's birth.
* If executed through a local health department, the affidavit must be completed before the child has reached the age of emancipation.

A paternity affidavit is not valid if it is executed after the mother of the child has executed a consent to adoption of the child and a petition to adopt the child has been filed. The affidavit must contain or be attached to all of the following:

* The mother's sworn statement asserting that a person described in the affidavit is the child's biological father
* A statement by a person identified as the father in the affidavit attesting to a belief that he is the child's biological father
* Written information furnished by the child support bureau of the department of child services explaining the effect of an executed paternity affidavit and describing the availability of child support enforcement services
* The Social Security number of each parent

If a man has executed a paternity affidavit in accordance with this section, the executed paternity affidavit conclusively establishes the man as the legal father of a child without any further proceedings by a court.

Required Information
Ann. Code 31-19-5-7(a)

The State Department of Health shall maintain the following information in the registry:

* The putative father's:
o Name
o Address at which he may be served with notice of an adoption
o Social Security number
o Date of birth
* The mother's:
o Name, including all other names known to the putative father that the mother uses, if known
o Address, if known
o Social Security number, if known
o Date of birth, if known
* The child's:
o Name, if known
o Place of birth, if known
* The date that the department receives a putative father's registration
* The name of an attorney or agency that requests the department to search the registry to determine whether a putative father is registered in relation to a mother whose child is or may be the subject of an adoption
* The date that the attorney or agency submits a request
* Any other information that the department determines is necessary to access the information in the registry



Revocation of claim to paternity
Ann. Code §§ 31-19-5-19; 16-37-2-2.1

A putative father may revoke a registration at any time by submitting a signed, notarized statement revoking the registration.

A paternity affidavit that is properly executed under this § 16-37-2-2.1 may not be rescinded more than 60 days after the paternity affidavit is executed unless a court:

* Has determined that fraud, duress, or material mistake of fact existed in the execution of the paternity affidavit
* At the request of a man who is a party to a paternity affidavit, has ordered a genetic test, and the test indicates that the man is excluded as the father of the child

Unless good cause is shown, a court shall not suspend the legal responsibilities of a party to the executed paternity affidavit during a challenge to the affidavit.

The court may not set aside the paternity affidavit unless a genetic test excludes the person who executed the paternity affidavit as the child's biological father.

Access to information
Ann. Code § 31-19-5-21

The State Department of Health shall furnish a certified copy of a putative father's registration form, upon written request, to:

* A putative father
* A mother
* A child
* Any party or attorney of record in a pending adoption
* An attorney who represents prospective adoptive parents or petitioners in an adoption
* A licensed child-placing agency that represents prospective adoptive parents or petitioners in an adoption
* A court that presides over a pending adoption



Who May Adopt, Be Adopted, or Place a Child for Adoption
Citation: Ann. Code §§ 31-19-2-2; 31-19-2-3; 31-19-2-4
The following persons may adopt:

* A resident of Indiana may adopt.
* A nonresident may adopt a hard to place child.
* A husband and wife must petition jointly.



Who May Be Adopted
Citation: Ann. Code §§ 31-19-2-2; 31-19-2-1
The following persons may be adopted:

* A child less than age 18
* A person age 18 or older who consents to his or her adoption by a resident of Indiana



Who May Place a Child for Adoption
Citation: Ann. Code § 31-19-7-1
A parent may make a direct placement when the child is sought to be adopted by a stepparent, grandparent, aunt, or uncle. In all other cases, a child may not be placed in a proposed adoptive home without the prior written approval of a licensed child-placing agency or county office of family and children.

[luckyshamrock]

Most hospital make a policy on what time frames are since it is any time after birth. Our daughter was born in IN. The hospital had a 24 hour vaginal birth and 48 c-section; however, her birthmother told the sw to be there at 12 hours (we were suprised that she signed when she did as we had no idea it was going to be early). The hospital sw did require a personal conversation with birthmother without adoption agency professionals prior to allowing it to happen in the hospital early.
Birthfathers (who are not married to the mother) can be sent a letter of intent prior to delivery. If they don't return it in 30 days, their rights are terminated at that point.