Indiana

Overview

Original Birth Certificates. Indiana is a Compromised State. It’s approach to releasing information is remarkably complex and confusing. While “identifying information” may be released to an adult adopted person—including a noncertified copy of the original birth certificate—a birthparent may prohibit release of the information at any time.

Court Records. Copies of adoption court records are unavailable. Certain court records are required to be transferred to the state’s vital records registrar, where release of identifying information from the records is controlled through use of the Indiana Adoption Matching Registry, which may release information on file with the Adoption History Program.

Adoption Matching Registry and Identifying Information. An Indiana adopted person may register with the Indiana Adoption Matching Registry at age 18, but release of identifying information to the adopted person is not available until at least age 21. By definition, identifying information includes a noncertified copy of the adopted person’s original birth certificate. The release of any identifying information, however, is subject to a number of limitations, including a corrupt birthparent contact preference form. If filed, this form could prohibit the disclosure of birthparent information, even if the birthparent requests contact through an intermediary.

Prior to July 1, 2018, birthparents could file a “nonrelease form” to prohibit disclosure of identifying information for a specified number of years or for eternity. Nonrelease forms filed prior to July 1, 2018, remain in effect “for the time indicated by the birth parent on the nonrelease form.”

Zombie Veto. A birthparent of an adopted person born in Indiana may also request that identifying information about the parent be restricted from release even after the parent dies—i.e., forever. This is known as a “Zombie Veto.”

Descendant Rights. If the adopted person is deceased, the surviving spouse and “relatives” of the adopted person may request identifying information, subject to any restrictions on release. A relative is defined under the law as an adoptive or biological parent, spouse, or child of the adopted person.

Adult Adoption. Indiana law provides for the adoption of adults. Any person who is at least 18 years of age may be adopted by another adult, though the adoptive parent must be a resident of Indiana. The consent of the person to be adopted is required and is done in court.

Indiana Law: Vital Records and Birth Certificates

Relevant parts of Indiana vital records law. The entire Indiana vital records statute is available here.

IC 16-37-2-9. Permanent record; public inspection; adoptee birth records
Sec. 9. (a) The local health officer shall make a permanent record of the following from a birth certificate:

(1) Name.
(2) Sex.
(3) Date of birth.
(4) Place of birth.
(5) Name of the parents.
(6) Birthplace of the parents.
(7) The date of filing of the certificate of birth.
(8) The person in attendance at the birth.
(9) Location of the birth, including whether the birth occurred at a hospital, licensed health care facility, home, or other non-health care facility.

(b) Except as provided in subsection (c), the permanent record shall be open to public inspection. Upon request by an individual, a paper copy of the permanent record in subsection (a) must be provided by the local health officer.

(c) The birth record of an adopted child remains subject to the confidentiality provisions of IC 31-19 regarding the release of adoption information.

(d) The permanent record of the information required under this section may be maintained in the Indiana birth registration system (IBRS).

Indiana Law: Adoption and Birth Records

Relevant portions of Indiana adoption law related to new birth records after an adoption. The entire Indiana adoption statute is available here.

IC 31-19-13-1. New certificate of birth
(a) Except as provided in subsection (b), the state department of health shall establish a new certificate of birth for an individual born in Indiana upon a receipt of an official report that the individual has been adopted.

(b) The state department of health shall not establish a new certificate of birth following an adoption if:

(1) the court decreeing the adoption;
(2) the adoptive parents; or
(3) the adopted individual;

so requests.

(c) A new certificate of birth established under this section must show the actual place and date of birth.

IC 31-19-13-2. Replacement of original registration of birth; filing; confidentiality
When a new certificate of birth is established following adoption, the new certificate of birth replaces the original registration of birth. The original registration of birth shall be filed with the evidence of adoption and withheld from inspection except:

(1) for a child adopted by a stepparent; or
(2) as provided in IC 31-19-17 through IC 31-19-25.5.

IC 31-19-13-3. Annulment or revocation of adoption; restoration of original certificate of birth
Upon receipt of a notice of annulment or revocation of adoption, the original certificate of birth shall be restored.

IC 31-19-13-4. Seal or surrender of replaced certificate of birth
When the state department of health establishes a new certificate of birth following an adoption, each local health department in Indiana having custody of the replaced certificate of birth shall:

(1) seal the replaced certificate from inspection; or
(2) surrender the replaced certificate to the state department of health;

as the state department of health directs.

Indiana Law: Court Records

Relevant parts of Indiana adoption law related to court and other adoption records. The entire Indiana adoption statute is available here.

IC 31-19-19-1. Court files and records
(a) The following items are confidential:

(1) A petition for adoption.
(2) Reports of the investigation made under IC 31-19-8-5 (or IC 31-3-1-4 before its repeal).
(3) All other papers filed in connection with a petition for adoption.
(4) The record of evidence of the hearing.
(5) The decree made and entered by the court, including decrees in foreign adoptions filed under IC 31-19-28 (or IC 31-3-1-10 before its repeal).

(b) The files and records of the court pertaining to the adoption proceedings:

(1) shall be kept in the custody of the clerk of the court; and
(2) are not open to inspection, except as provided in IC 31-19-13-2(2).

IC 31-19-12-1. Records
Sec. 1. For each adoption and for each annulment or revocation of adoption decreed by an Indiana court, the clerk of the court shall prepare a record on a form prescribed and furnished by the state department of health. The record must include the following:

(1) All facts necessary to:

(A) locate and identify the certificate of birth of the individual adopted; and
(B) establish a new certificate of birth for the individual adopted.

(2) Official notice from the court of the fact of adoption, including identification of the court action and proceedings.

IC 31-19-12-2. Information for new birth records
Sec. 2. (a) The official decree of each:

(1) adoption; or
(2) annulment or revocation of adoption;

that is provided to the clerk of the circuit court for the official order book record must set forth all pertinent information that is necessary to make possible the establishment of the birth records prescribed by section 1 of this chapter.

(b) The completion of the record is a prerequisite to the issuance of a certificate of final adoption by the court.

IC 31-19-12-3. Forwarding of records and reports to state department of health
Sec. 3. Not later than the tenth day of each calendar month, the clerk of the court shall forward to the state department of health records of decrees of:

(1) adoption; or
(2) annulment, revocation, or amendment of adoption;

entered in the preceding month, together with related reports required by the state department of health.

IC 31-19-12-3.5. Processing a birth certificate; requirements
Sec. 3.5. The state department of health may not process a birth certificate with respect to a record for adoption that the state department of health receives under this chapter unless the following has occurred regarding the adoption:

(1) The adoption history fee and the putative father registry fee have been paid to the state department of health as required under IC 31-19-2-8.

(2) The report required to be prepared under IC 31-19-17-2 has been submitted to the state department of health.

IC 31-19-12-4. Adoption records for individuals born outside Indiana
Sec. 4. (a) When the state department of health receives from a court a record of:

(1) adoption; or
(2) annulment, revocation, or amendment of adoption;

for an individual born outside of Indiana, the state department of health shall forward the record to the appropriate registration authority.

(b) If the registration authority fails to supply a certificate of birth in the adoptive status after the expiration of ninety (90) days after the receipt of the record of adoption, the state department of health shall create a delayed registration record of birth in the adoptive status when requested.

IC 31-19-12-5. Transfer of adoption records to state registrar
Sec. 5. (a) As used in this section, “record” includes the following:

(1) A court document.
(2) A medical record.
(3) A social or medical history.
(4) A photograph.
(5) Correspondence being held for the benefit of:

(A) a birth parent;
(B) a person who was adopted;
(C) an adoptive parent; or
(D) a sibling of the person who was adopted.

(b) A child placing agency, governmental entity, or licensed attorney who arranges or facilitates an adoption may, after entry of the adoption decree, transfer an adoption record to the state registrar for inclusion in the adoption history program administered by the state registrar, or, after giving notice to the state registrar, to a transferee agency that assumes responsibility for the preservation of records maintained as part of the adoption history program.

(c) An attorney who complies with this section does not violate attorney-client privilege.

(d) A record maintained or transferred under this section is confidential.

Indiana Law: Identifying and Non-Identifying Information

IC 31-9-2-2. “Adoptee”
“Adoptee”, for purposes of IC 31-19-17 through IC 31-19-25.5, means a person who has been legally adopted.

IC 31-9-2-23.8. “Contact preference form”
“Contact preference form” means the form prescribed by the state registrar under IC 31-19-25-4.6.

IC 31-9-2-54. “Identifying information”
“Identifying information”, for purposes of IC 31-19-9-6 and IC 31-19-17 through IC 31-19-25.5 means:

(1) any name that a party to an adoption has used or is using;
(2) any address that a party to an adoption has used or is using;
(3) the original certificates of birth stored with the state department of health with evidence of adoption under IC 31-19-13-2; and
(4) any other information, except the medical history, that may identify a person as a party to an adoption or as a birth parent, an adoptee, or an adoptive parent.

IC 31-19-9-6. Information and forms provided to birth parents
The individual who or agency that arranges for the signing of a consent to adoption shall provide each birth parent whose consent to adoption is obtained under this chapter with the following:

(1) An explanation concerning the following:

(A) The availability of adoption history information under IC 31-19-17 through IC 31-19-25.5.
(B) The birth parent’s option to file a contact preference form with the state registrar if the birth parent seeks to restrict the release of identifying information.
(C) That identifying information may be released unless the birth parent files the contact preference form with the state registrar indicating the birth parent’s lack of consent to the release of identifying information.

(2) A contact preference form prescribed by the state registrar under IC 31-19-25-4.6.

IC 31-19-9-7. Contact preference forms
Upon request, the state registrar shall provide an individual or agency with a contact preference form required by section 6(2) of this chapter.

IC 31-19-20-4. Release of medical records by provider
IC 31-19-19, this chapter, and IC 31-19-23 through IC 31-19-25.5 do not restrict a provider (as defined in IC 16-18-2-295) from releasing medical records to an attorney or agency arranging an adoption if the provider receives the appropriate authorization under IC 16-39-1.

IC 31-19-21-1. Consent; contents
(a) An:

(1) adoptee who is at least twenty-one (21) years of age; or
(2) adoptive parent of an adoptee who is less than twenty-one (21) years of age;

may consent to the release of identifying information concerning the adoptee in a signed writing.

(b) The consent described in subsection (a) must identify the persons to whom the information may be released.

IC 31-19-21-3. Manner of release of identifying and nonidentifying information
A holder of information that receives a consent made under this chapter (or IC 31-3-4-27 before its repeal) may release identifying and nonidentifying information only in conformity with:

(1) the last version of the consent filed with the holder; and
(2) IC 31-19-24 through IC 31-19-25.5.

IC 31-19-21-5. Errors in execution of consent form
The state registrar may contact an adoptee or adoptive parent who submits a written consent under this chapter that is:

(1) incompletely; or
(2) inaccurately;

executed to inform the adoptee or adoptive parent regarding the error in the execution of the consent form.

IC 31-19-21-6.  Storage and indexing of consents
The following persons shall provide for the storage and indexing of consents made under this chapter to carry out IC 31-19-24 through IC 31-19-25.5:

(1) The state registrar.
(2) The department.
(3) County offices of family and children.
(4) Licensed child placing agencies.
(5) Professional health care providers (as defined in IC 34-6-2-117).
(6) Courts.

IC 31-19-21-7. Sending copy of consent and withdrawal or modification of consent to state registrar
The following persons shall send a copy of a consent for the release of identifying information and any signed writing that withdraws or modifies a consent for the release of identifying information received by the person to the state registrar:

(1) The department.
(2) A local office.
(3) A licensed child placing agency.
(4) A professional health care provider (as defined in IC 34-6-2-117).
(5) An attorney.
(6) A court.

IC 31-19-22. Chapter 22. Repealed

IC 31-19-23-1. Entities required to release nonidentifying information
The following persons shall release nonidentifying information concerning an adoption in the entity’s possession to any person described in IC 31-19-18-2(a) upon request:

(1) The state registrar.
(2) The department.
(3) A local office.
(4) A licensed child placing agency.
(5) A professional health care provider (as defined in IC 34-6-2-117).
(6) The attorney who arranged the adoption.
(7) A court.

Indiana Law: Release of Identifying Information

IC 31-19-25-1. Application of chapter
Before July 1, 2018, this chapter applies to all adoptions that are filed after December 31, 1993. Beginning July 1, 2018, this chapter applies to all adoptions, regardless of the date the adoption was filed.

IC 31-19-25-2. Requirements for release of identifying information
(a) The following may request the release of identifying information:

(1) An adoptee who is an adult.
(2) A birth parent.
(3) An adoptive parent.
(4) The spouse or relative of a deceased adoptee.
(5) The spouse or relative of a deceased birth parent.

(b) Except as otherwise provided under this chapter, upon a request for the release of identifying information under subsection (a):

(1) the state registrar;
(2) the department;
(3) a local office;
(4) a licensed child placing agency;
(5) a professional health care provider;
(6) the attorney who arranged the adoption; and
(7) a court;

shall release identifying information in the person’s possession to the individual requesting the release of identifying information only if the adoptee has submitted a written consent under IC 31-19-21 to the state registrar or the person from whom the release of identifying information is requested for release of identifying information to the individual requesting the release of identifying information.

(c) A person releasing identifying information under subsection (b) shall, upon request by the individual requesting the identifying information, provide copies of the identifying information to the requesting individual described under subsection (a).

IC 31-19-25-2.5. Release prohibited; request information; affidavit
(a) Except as provided in subsection (b), if an individual requests the release of identifying information under section 2 of this chapter regarding an adoptee who is less than twenty-one (21) years of age, the state registrar, the department, a local office, a licensed child placing agency, a professional health care provider, an attorney, and a court may not release identifying information under this chapter unless the adoptee’s adoptive parent has submitted a written consent for the release of identifying information.

(b) The state registrar, the department, a local office, a licensed child placing agency, a professional health care provider, an attorney, and a court may not release identifying information under this chapter if the request for the release of identifying information involves an adoptee to whom both of the following apply:

(1) The adoptee is less than twenty-one (21) years of age.
(2) The adoptee’s name is on the list provided to the state department of health under IC 31-25-2-22.

(c) A licensed child placing agency, a professional health care provider, an attorney, and a court:

(1) may request that the state department of health search the list provided under IC 31-25-2-22 to determine whether an adoptee’s name is on the list; and
(2) shall, at the time of the request, provide:

(A) the name of the adoptee at the time parental rights were terminated; and

(B) an affidavit under penalty of perjury affirming that the licensed child placing agency, professional health care provider, attorney, or court is seeking information regarding the adoptee for the purpose of providing identifying information under this chapter.

(d) Not later than five (5) days after the state department of health receives a request and affidavit under subsection (c), the state department of health shall submit an affidavit to the child placing agency, professional health care provider, attorney, or court verifying whether the adoptee’s name is on the list provided under IC 31-25-2-22.

IC 31-19-25-3. Contact preference form; filing; duration; withdrawal; effect of consent
(a) A birth parent may restrict access to identifying information concerning the birth parent by filing a contact preference form with the state registrar that evidences the birth parent’s lack of consent to the release of identifying information under this chapter.

(b) A person who arranges for the signing of a consent to adoption shall provide the birth parent with a contact preference form and the explanation described in IC 31-19-9-6.

(c) Except as provided in sections 15 and 17 of this chapter, the following persons may not release any identifying information concerning a birth parent to an individual requesting the release of identifying information under section 2 of this chapter if a contact preference form that evidences the birth parent’s lack of consent to the release of identifying information is in effect at the time of the request for identifying information:

(1) The state registrar.
(2) The department.
(3) A local office.
(4) A licensed child placing agency.
(5) A professional health care provider.
(6) The attorney who arranged the adoption.
(7) A court.

(d) Except as provided in subsection (f), the contact preference form filed under this section remains in effect until the birth parent who filed the contact preference form files a new contact preference form.

(e) The contact preference form is no longer in effect if the birth parent consents in writing to the release of identifying information and has not withdrawn that consent.

(f) A contact preference form is no longer in effect if the birth parent who filed the contact preference form is deceased unless the contact preference form specifically states that the contact preference form remains in effect after the birth parent’s death.

IC 31-19-25-3.5. Sending copy of contact preference form to state registrar
The following persons shall send a copy of a contact preference form received by the person from a birth parent to the state registrar:

(1) The department.
(2) A local office.
(3) A licensed child placing agency.
(4) A professional health care provider.
(5) An attorney.
(6) A court.

IC 31-19-25-4. Repealed

IC 31-19-25-4.4. Nonrelease forms submitted before July 1, 2018; duration; notice of lapse; effect of consent
(a) Notwithstanding any other law, a nonrelease form that:

(1) indicates the birth parent’s lack of consent to the release of identifying information; and
(2) was submitted by a birth parent before July 1, 2018;

remains in effect for the time indicated by the birth parent on the nonrelease form.

(b) Unless a birth parent has indicated on the nonrelease form that the birth parent does not desire the state registrar to send notice to the birth parent at the time that the birth parent’s nonrelease form lapses, the state registrar shall mail a notice to a birth parent who submitted a nonrelease form as described in subsection (a) at least ninety (90) days before the birth parent’s nonrelease form lapses indicating that:

(1) the nonrelease form will lapse; and
(2) if the birth parent prefers not to be contacted by a person requesting identifying information, the birth parent must file a contact preference form indicating that the birth parent does not want to be contacted.

(c) A nonrelease form is no longer in effect if the birth parent consents in writing to the release of identifying information and has not withdrawn that consent.

(d) A nonrelease form is no longer in effect if the birth parent who filed the nonrelease form is deceased unless the nonrelease form specifically states that the nonrelease form remains in effect after the birth parent’s death.

IC 31-19-25-4.6. Contact preference form; contents; identification; duration; changing preference
(a) The state registrar shall prescribe a contact preference form for birth parents. The form must include the following:

(1) A component in which a birth parent is to indicate one (1) of the following with regard to a person that requests identifying information:

(A) That the birth parent welcomes the person to contact the birth parent directly and authorizes the release of identifying information.
(B) That the birth parent prefers that the birth parent be contacted through an intermediary and does not authorize the release of identifying information directly to the person.
(C) That the birth parent prefers that the person not contact the birth parent directly or through an intermediary and does not authorize the release of identifying information.
(D) That the birth parent:

(i) prefers that the person not contact the birth parent as provided under clause (C); but
(ii) welcomes the state registrar to contact the birth parent to request that the birth parent update the birth parent’s medical information.

(2) A component in which a birth parent who prefers to be contacted through an intermediary as provided under subdivision (1)(B) may designate a third party to act as the intermediary for the birth parent.

(3) Provisions necessary for the state registrar to be able to identify the adoption file of the adoptee to whom the form pertains.

(4) A notice that the birth parent may change the birth parent’s indicated preference regarding contact by filing a new contact preference form with the state registrar.

(5) A notice that an adoptee who does not know which court entered the adoption decree regarding the adoptee may seek assistance from the state registrar.

(b) The state registrar may accept a completed contact preference form from a birth parent only if the birth parent provides to the state registrar one (1) item of identification of the birth parent.

(c) Except as provided in subsection (f), a contact preference form submitted by a birth parent to the state registrar does not lapse.

(d) If a birth parent has previously completed and submitted a contact preference form, the state registrar shall replace the birth parent’s previous contact preference form with the birth parent’s new contact preference form.

(e) A birth parent may file a completed contact preference form with the state registrar to change the birth parent’s indicated preference regarding contact as many times as the birth parent wishes.

(f) A contact preference form is no longer in effect if the birth parent who filed the contact preference form is deceased, unless the contact preference form specifically states that the contact preference form remains in effect after the birth parent’s death.

IC 31-19-25-4.8. Contact through intermediary; request updated medical information; communications confidential; immunity
(a) If a birth parent indicates that the birth parent prefers to be contacted through an intermediary as described in section 4.6(a)(1)(B) of this chapter, the state registrar shall:

(1) attempt to make personal contact with the third party designated by the birth parent under section 4.6(a)(2) of this chapter; or
(2) attempt to make personal contact with the birth parent if the birth parent did not designate a third party as the birth parent’s intermediary under section 4.6(a)(2) of this chapter.

(b) At the time that the state registrar makes contact with a:

(1) birth parent; or
(2) third party designated by the birth parent;

the state registrar shall request that the birth parent update the birth parent’s medical information with the state registrar.

(c) If the birth parent indicates that the birth parent welcomes the state registrar to contact the birth parent for the purpose of updating medical information as provided in section 4.6(a)(1)(D) of this chapter, the state registrar shall attempt to make personal contact with the birth parent to request that the birth parent update the birth parent’s medical information.

(d) All communications by the state registrar under this section are confidential.

(e) The state registrar discharging in good faith the responsibilities under this section is immune from all civil and criminal liability that otherwise might result.

IC 31-19-25-5 through IC 31-19-25-10. Repealed

IC 31-19-25-11. Storage and indexing of requests and contact preference forms
The state registrar shall provide for the storage and indexing of requests and contact preference forms under this chapter.

IC 31-19-25-12. Errors in execution of forms
The state registrar may contact an individual who submits a request form or contact preference form that is incorrectly or incompletely executed to inform the individual regarding the error in the execution of the form.

IC 31-19-25-13. Fee for expenses
(a) The following persons may charge a reasonable fee for actual expenses incurred in complying with this chapter:

(1) A licensed child placing agency.
(2) The court.
(3) The department.
(4) A local office.
(5) A professional health care provider.
(6) The state department of health, except as provided in subsection (b).

(b) The state department of health may not charge a fee for filing a contact preference form under this chapter.

IC 31-19-25-14. Repealed

IC 31-19-25-15. Consent not required
Except as provided in section 21 of this chapter, the consent of an adoptee is not required for the release of identifying information under this chapter if the individual requesting the release of identifying information under section 2 of this chapter submits:

(1) a death certificate;
(2) an obituary;
(3) records from the STEVE system; or
(4) any other form of evidence approved by the state department of health;

indicating that the adoptee is deceased, to the person releasing the identifying information.

IC 31-19-25-16. Search of death certificates
If an individual submits a request for the release of identifying information under section 2 of this chapter, the state registrar shall search the death certificates in the state registrar’s possession regarding:

(1) a related adoptee:

(A) who has not submitted a consent for the release of information under IC 31-19-21; and
(B) whose consent is necessary before identifying information may be released to the individual who has submitted the request; or

(2) a birth parent who has filed a written nonrelease form (before July 1, 2018) or a contact preference form (after June 30, 2018).

IC 31-19-25-17. Deceased adoptee or birth parent; release of identifying information
(a) If, upon searching the death certificates under section 16 of this chapter, the state registrar finds that an adoptee or a birth parent is deceased, the state registrar shall:

(1) inform the individual requesting the release of the identifying information under section 2 of this chapter of the death; and
(2) release the identifying information if additional consent is not required by this chapter.

(b) The state registrar may not release identifying information under subsection (a) concerning:

(1) a birth parent or adoptee if additional consent is required by this chapter; or
(2) a birth parent if a contact preference form submitted by the birth parent that evidences the birth parent’s lack of consent to the release of identifying information specifically states that the contact preference form remains in effect after the birth parent’s death.

IC 31-19-25-18. Request to contact adoptee
An individual who submits a request for the release of identifying information under section 2 of this chapter may contact:

(1) a local office;
(2) a licensed child placing agency; or
(3) the attorney who arranged the adoption;

to request that the local office, the licensed child placing agency, or the attorney contact an adoptee whose consent is necessary before identifying information may be released under this chapter.

IC 31-19-25-18.5. Contact and disclosure prohibited
An attorney, a licensed child placing agency, and a local office may not contact an adoptee, a birth parent, or an adoptive parent or disclose identifying information upon a request under section 18 of this chapter if the request involves an adoptee to whom both of the following apply:

(1) The adoptee is less than twenty-one (21) years of age.
(2) The adoptee’s name is on the list provided to the state department of health under IC 31-25-2-22.

IC 31-19-25-19. Contact; disclosure of identifying information; written consent
(a) Except as provided in section 18.5 of this chapter and subject to section 21 of this chapter, upon a request described under section 18 of this chapter, a local office, a licensed child placing agency, or an attorney that contacts an adoptee may not disclose identifying information unless the adoptee:

(1) if the adoptee is at least twenty-one (21) years of age, gives written consent; or
(2) if the adoptee is less than twenty-one (21) years of age, has the written consent of the adoptee’s adoptive parents;

to the release of identifying information by the local office, the licensed child placing agency, or the attorney.

(b) If:

(1) an adoptee who is at least twenty-one (21) years of age; or
(2) an adoptive parent of an adoptee who is less than twenty-one (21) years of age;

consents to the release of identifying information but does not provide the consent in writing, the local office, the licensed child placing agency, or the attorney may inform the birth parent regarding the fact that the adoptee or the adoptive parent has consented to the release of identifying information. The local office, the licensed child placing agency, or the attorney may inquire as to whether the adoptee or adoptive parent, whose consent is still needed before identifying information may be released, is interested in participating in the adoption registry under IC 31-19-18 through IC 31-19-24, this chapter, and IC 31-19-25.5.

IC 31-19-25-20. Fee for services; fee for actual expenses
(a) A local office, a licensed child placing agency, or an attorney may charge a reasonable fee for services performed or actual expenses incurred under section 19 of this chapter.

(b) The following persons may charge a reasonable fee for actual expenses incurred in complying with this chapter:

(1) A licensed child placing agency.
(2) The court.
(3) The department.
(4) A local office.
(5) A professional health care provider.
(6) An attorney.
(7) The state department of health.

IC 31-19-25-21. Client consent required for release of identifying information by attorney; court order
(a) An attorney may release identifying information under this chapter only if the client that the attorney represented in the adoption has submitted a written consent to the release of the identifying information to the individual requesting the identifying information.

(b) If a client described under subsection (a) is deceased or otherwise unavailable, the identifying information in the attorney’s possession may be released only under a court order issued in a proceeding under IC 31-19-24.

Indiana Law: Requests for Information Concerning Adoptees and Pre-Adoptive Siblings

IC 31-19-25.5-1. Application
Except as provided under sections 6 and 7 of this chapter, this chapter applies to:

(1) adoptees; and
(2) pre-adoptive siblings;

who are at least twenty-one (21) years of age.

IC 31-19-25.5-2. Request release of information to adoptee or pre-adoptive sibling
(a) An adoptee may submit a written request to the state registrar that includes the following:

(1) A statement that the adoptee has an interest in having contact with any pre-adoptive siblings of the adoptee.
(2) A statement that authorizes the state registrar to release the name and present location of the adoptee to any pre-adoptive sibling of the adoptee who submits a similar request.

(b) A pre-adoptive sibling of an adoptee may submit a written request to the state registrar that includes the following:

(1) A statement that the pre-adoptive sibling has an interest in having contact with the adoptee.
(2) A statement that authorizes the state registrar to release the name and present location of the pre-adoptive sibling to the adoptee if the adoptee has submitted a similar request.

IC 31-19-25.5-3. Determine if adoptee and pre-adoptive sibling submitted similar requests
(a) If an adoptee submits a written request to the state registrar under section 2 of this chapter, the state registrar shall determine whether the pre-adoptive sibling of the adoptee has submitted a similar request.

(b) If a pre-adoptive sibling of an adoptee submits a written request to the state registrar under section 2 of this chapter, the state registrar shall determine whether an adoptee has submitted a similar request.

IC 31-19-25.5-4. Repealed

IC 31-19-25.5-5. Adoptions filed after December 31, 1993; requirements to release information of adoptee and pre-adoptive sibling; search of death certificates; nonrelease form filed by birth parent; provide information of court proceeding to request release of adoption information
(a) Except as provided under subsections (c) and (e), the state registrar shall release the name and address of a pre-adoptive sibling to an adoptee who submits a written request under section 2 of this chapter if:

(1) the pre-adoptive sibling of the adoptee has submitted a written request under section 2 of this chapter; and
(2) a birth parent has not filed a:

(A) written nonrelease form (before July 1, 2018); or

(B) contact preference form (after June 30, 2018) with the state registrar under IC 31-19-25 that evidences the birth parent’s lack of consent to the release of identifying information.

(b) Except as provided under subsections (c) and (e), the state registrar shall release the name and address of an adoptee to a pre-adoptive sibling of the adoptee who submits a written request under section 2 of this chapter if:

(1) the adoptee has submitted a written request under section 2 of this chapter; and
(2) a birth parent has not filed a:

(A) written nonrelease form (before July 1, 2018); or

(B) contact preference form (after June 30, 2018) with the state registrar under IC 31-19-25 that evidences the birth parent’s lack of consent to the release of identifying information.

(c) Except as provided under subsection (f), the state registrar shall release information under this section if:

(1) both the adoptee and pre-adoptive sibling of the adoptee have submitted requests under section 2 of this chapter; and
(2) the adoptee or pre-adoptive sibling who requested information under section 2 of this chapter submits:

(A) a death certificate;
(B) an obituary; or
(C) any other form of evidence approved by the state department of health;

indicating that a birth parent is deceased to the state registrar for each birth parent who is named on the adoptee’s original birth certificate.

(d) The state registrar shall search the death certificates and the STEVE system in the state registrar’s possession regarding a birth parent if:

(1) an adoptee and a pre-adoptive sibling of the adoptee have submitted written requests to be in contact; and
(2) a birth parent has filed a contact preference form under IC 31-19-25 that evidences the birth parent’s lack of consent to the release of identifying information.

(e) Except as provided under subsection (f), if, upon searching the death certificates and the STEVE system under subsection (d), the state registrar finds that a birth parent is deceased, the state registrar shall:

(1) inform the adoptee and pre-adoptive sibling of the death; and
(2) release the information if additional consent is not required by this chapter.

(f) The state registrar may not release information under this section to an adoptee or pre-adoptive sibling if:

(1) additional consent is required under this chapter; or
(2) a:

(A) nonrelease form (before July 1, 2018); or
(B) contact preference form (after June 30, 2018) that evidences the birth parent’s lack of consent to the release of identifying information;

submitted by a birth parent specifically states that the nonrelease form or contact preference form shall remain in effect after the birth parent’s death.

(g) If the state registrar is prohibited from releasing the name and address of the pre-adoptive sibling under this section, the state registrar shall provide information on requesting the release of adoption information under IC 31-19-24 to the adoptee or pre-adoptive sibling.

IC 31-19-25.5-6. Pre-adoptive sibling or adoptee less than 21 years of age; provide information of court proceeding to request release of adoption information; release of name and address prohibited
(a) If:

(1) an adoptee submits a request under section 2 of this chapter; and
(2) the pre-adoptive sibling of the adoptee is less than twenty-one (21) years of age;

the state registrar shall notify the adoptee if the pre-adoptive sibling has been located and provide information on requesting the release of adoption information under IC 31-19-24 to the adoptee. However, the state registrar may not release the name or address of the pre-adoptive sibling to the adoptee.

(b) If:

(1) a pre-adoptive sibling submits a request under section 2 of this chapter; and
(2) the adoptee is less than twenty-one (21) years of age;

the state registrar shall notify the pre-adoptive sibling if the adoptee has been located and provide information on requesting the release of adoption information under IC 31-19-24 to the pre-adoptive sibling. However, the state registrar may not release the name or address of the adoptee to the pre-adoptive sibling.

IC 31-19-25.5-7. Adoptive parents request information; request or consent of adult pre-adoptive sibling required; provide information of court proceeding to request release of adoption information
(a) The adoptive parents of an adoptee who is less than twenty-one (21) years of age may submit a written request for information concerning the identity and present location of any pre-adoptive siblings of the adoptee.

(b) The state registrar shall release information concerning the name and present location of an adult pre-adoptive sibling to the adoptive parents if the pre-adoptive sibling submitted a written request under section 2 of this chapter.

(c) If a pre-adoptive sibling has not submitted a request under section 2 of this chapter, the state registrar shall do the following:

(1) Search the sealed adoption records for information concerning the pre-adoptive sibling.
(2) Release information to the adoptive parents only if the pre-adoptive sibling is at least twenty-one (21) years of age and consents to the release of the information.

(d) If a pre-adoptive sibling is less than twenty-one (21) years of age, the state registrar shall provide information on requesting the release of adoption information under IC 31-19-24 to the adoptive parents.

IC 31-19-25.5-8. Unable to identify or locate pre-adoptive sibling or deceased cannot be identified or located; providing information of court proceeding to request release of adoption information; release of information prohibited
(a) The state registrar shall notify an adoptee who has submitted a request under section 2 of this chapter if:

(1) the state registrar is unable to identify or locate a pre-adoptive sibling; or
(2) a pre-adoptive sibling is deceased and had not submitted a request under section 2 of this chapter.

The state registrar shall provide information to the adoptee on requesting the release of adoption information under IC 31-19-24. However, the state registrar may not release any information that may identify the pre-adoptive sibling under this section.

(b) The state registrar shall notify a pre-adoptive sibling who has submitted a request under section 2 of this chapter if:

(1) the state registrar is unable to identify or locate an adoptee; or
(2) an adoptee is deceased and had not submitted a request under section 2 of this chapter.

The state registrar shall provide information to the pre-adoptive sibling on requesting the release of adoption information under IC 31-19-24. However, the state registrar may not release any information that may identify the adoptee under this section.

IC 31-19-25.5-9. Withdrawal of request or consent
A person may withdraw a:

(1) request by the person submitted under section 2 of this chapter; or
(2) consent by the person for the release of information under this chapter;

by submitting to the state registrar a statement signed by the person withdrawing the request or consent.

IC 31-19-25.5-10. Errors in execution of request or consent
The state registrar may contact a person who submits a request or consent under this chapter that is incorrectly or incompletely executed to inform the person regarding the error in the execution of the request or consent.

IC 31-19-25.5-11. Fee for actual expenses
The state department of health may charge a reasonable fee for actual expenses incurred in complying with this chapter.

Indiana Law: Adoption Generally

IC 31-19-9-1. Consents required
Sec. 1. (a) Except as otherwise provided in this chapter, a petition to adopt a child who is less than eighteen (18) years of age may be granted only if written consent to adoption has been executed by the following:

(1) Each living parent of a child born in wedlock, including a man who is presumed to be the child’s biological father under IC 31-14-7-1(1) if the man is the biological or adoptive parent of the child.

(2) The mother of a child born out of wedlock and the father of a child whose paternity has been established by:

(A) a court proceeding other than the adoption proceeding, except as provided in IC 31-14-20-2; or
(B) a paternity affidavit executed under IC 16-37-2-2.1;

unless the putative father gives implied consent to the adoption under section 15 of this chapter.

(3) Each person, agency, or local office having lawful custody of the child whose adoption is being sought.

(4) 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.

(5) The child to be adopted if the child is more than fourteen (14) years of age.

(6) The spouse of the child to be adopted if the child is married.

(b) A parent who is less than eighteen (18) years of age may consent to an adoption without the concurrence of:

(1) the individual’s parent or parents; or
(2) the guardian of the individual’s person;

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.

IC 31-19-14-2. Time for challenge to adoption decree
Sec. 2. Except as provided in section 3 of this chapter, if a person whose parental rights are terminated by the entry of an adoption decree challenges the adoption decree not more than the later of:

(1) six (6) months after the entry of an adoption decree; or
(2) one (1) year after the adoptive parents obtain custody of the child;

the court shall sustain the adoption decree unless the person challenging the adoption decree establishes, by clear and convincing evidence, that modifying or setting aside the adoption decree is in the child’s best interests.

IC 31-19-14-3. Time for withdrawal of consent to adoption, contest or challenge to adoption, or establishment of paternity
Sec. 3. (a) A person who consents to an adoption may not withdraw the consent to adoption after the entry of the adoption decree under IC 31-19-10-4.

(b) A person who is served with notice of an adoption under IC 31-19-4 may not:

(1) contest the adoption; or
(2) establish paternity;

more than thirty (30) days after the date of service of notice of the adoption.

(c) A person who receives actual notice of an adoption under IC 31-19-3 may not:

(1) contest the adoption; or
(2) establish paternity;

more than thirty (30) days after the date of receiving actual notice of the adoption

(d) A person who is prohibited from taking action by subsection (a), (b), or (c) may not challenge an adoption decree.

IC 31-19-15-1. Effect upon duties, obligations, and rights of biological parents; parent-child relationship terminate
Sec. 1. (a) Except as provided in section 2 of this chapter or IC 31-19-16, if the biological parents of an adopted person are alive, the biological parents are:

(1) relieved of all legal duties and obligations to the adopted child; and
(2) divested of all rights with respect to the child;

and the parent-child relationship is terminated after the adoption unless the parent-child relationship was terminated by an earlier court action, operation of law, or otherwise.

(b) The obligation to support the adopted person continues until the entry of the adoption decree. The entry of the adoption decree does not extinguish the obligation to pay past due child support owed for the adopted person before the entry of the adoption decree.

IC 31-19-15-2. Stepparent adoptions
Sec. 2. (a) If the adoptive parent of a child is married to a biological parent of the child, the parent-child relationship of the biological parent is not affected by the adoption.

(b) If the adoptive parent of a child is married to a previous adoptive parent, the parent-child relationship of the previous adoptive parent is not affected by the adoption.

(c) After the adoption, the adoptive father or mother, or both:

(1) occupy the same position toward the child that the adoptive father or the adoptive mother, or both, would occupy if the adoptive father or adoptive mother, or both, were the biological father or mother; and

(2) are jointly and severally liable for the maintenance and education of the person.

IC 31-19-28-1. Foreign decrees; effect; name change
Sec. 1. Whenever a person is adopted outside Indiana, under the laws of the state, territory, or country where the adoption took place:

(1) the adoption decree:

(A) when filed with the clerk of the court of any county in Indiana; and
(B) when entered upon the order book of the court in open session;

has the same force and effect as if the adoption decree were made in accordance with this article;

(2) the adopted person:

(A) has the same rights; and
(B) is capable of taking by inheritance, upon the death of the adoptive parent, property located in Indiana;

as though the person had been adopted according to the laws of Indiana; and

(3) if a name other than a name in the adoption decree is requested, the adopted person shall take the name requested in a petition filed under this section.

IC 31-19-28-2. Full faith and credit
Sec. 2. Every decree of a court terminating parental rights issued by a court of any other jurisdiction within or outside the United States shall be recognized in Indiana so that the rights and obligations of the parties concerning matters within the jurisdiction of Indiana shall be determined as though the decree were issued by an Indiana court.

IC 31-19-28-3. Consent
Sec. 3. Every consent to adoption taken in a jurisdiction outside Indiana that:

(1) is valid under the law in force in the state, territory, or country where the consent to adoption was taken; or

(2) would be valid if the consent to adoption had been taken in Indiana;

is a valid consent to an adoption.

IC 31-19-28-4. Jurisdiction
Sec. 4. The court where an adoption proceeding is pending has jurisdiction over a person if the person’s consent to the adoption taken outside Indiana includes a provision that the person giving the consent to adoption submits to the jurisdiction of the Indiana courts.

Indiana Law: Adult Adoption

The entirety of Indiana statutory provisions related to adoption of adults.

IC 31-19-2-1. Adoption of adult; petition; venue; consent; investigation
(a) Subject to section 1.1 of this chapter, an individual who is at least eighteen (18) years of age may be adopted by a resident of Indiana:

(1) upon proper petition to the court having jurisdiction in probate matters in the county of residence of the individual or the petitioner for adoption; and
(2) with the consent of the individual acknowledged in open court.

(b) If the court in which a petition for adoption is filed under this section considers it necessary, the court may order:

(1) the type of investigation that is conducted in an adoption of a child who is less than eighteen (18) years of age; or
(2) any other inquiry that the court considers advisable;

before granting the petition for adoption.