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Current as of January 02, 2024 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - Indiana Code Title 31. Family Law and Juvenile Law § 31-19-9-10 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-19-9-10.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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