Indiana Code Title 31. Family Law and Juvenile Law § 31-19-9-10




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;

(L) aggravated battery ( IC 35-42-2-1.5 ) as a Level 3 or Level 1 felony;  or

(M) an attempt under IC 35-41-5-1 to commit an offense described in this subdivision;

(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.





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