STATEHOUSE (Feb. 3, 2010) - Improving Indiana's adoption laws is the goal of Senate Bill 140 which passed the State Senate 49-1 on Tuesday. Authored by State Sen. Joe Zakas (R-Granger), the bill responds to recent court decisions and clarifies the adoption process.
"Indiana has developed a very solid set of adoption laws over the years," Zakas said. "The more certainty we can provide for the parties involved the better."
Those convicted of serious felonies are barred from adopting children under current Indiana law. A recent court case stated that a person convicted of "attempting" to commit those crimes was not barred from adopting under the existing statute. The bill adds that conviction of an "attempted" serious felony would prohibit a person from adopting.
In addition, the bill requires that a person contesting an adoption do so in the same court where the adoption proceeding was filed.
"The Indiana Supreme Court recently interpreted our current statute to say a man could file a paternity action in a different court as a way to contest an adoption," Zakas said. "In the court decision, a judge basically asked the legislature to clarify this issue, and to have all adoption proceedings confined to a single court, which seems like common sense."
Further, under current Indiana law, men are required to file a paternity action within 30 days after receiving actual notice of an adoption proceeding. A man recently circumvented this law by filing a paternity case after 30 days as a "next friend" of the child, as if on behalf of the child. Such actions can be filed for up to 20 years. SB 140 bars this practice.
Zakas' measure makes three additional modifications to Indiana's adoption laws:
- Requires a man to file with the putative father registry only if the mother does not provide his name and address to the attorney or agency arranging for the adoption;
- Creates a process for birth mothers who consented to an adoption to change and provide consent for adoption by a different family;
- Requires attorneys and child placement agencies which arrange for adoptions to be licensed in the state in order to better assure familiarity with Indiana's adoption laws.
"Adoption should be encouraged, but the process can be challenging. More certainty should help, so that children benefit the most," Zakas said.
Sen. Zakas represents Senate District 11, which includes portions of St. Joseph and Elkhart counties.
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