[Stacy48060]

According to Fl adoption law,if the father was not married to the mother,he is not established as a father by Court,he has never acknowledged his paternity and he has not provided child support voluntary-the father IS NOT entitled to be notified for adoption proceeding.

63.072 Persons whose consent to an adoption may be waived.--The court may excuse the consent of the following individuals to an adoption:

(1) A parent who has deserted a child without affording means of identification or who has abandoned a child;

Can you find the laws from Indiana?

[JudyKayTee]

Can you find the laws from Indiana?

Now I'm confused - wasn't the child "adopted" in Florida?

[Stacy48060]

Now I'm confused - wasn't the child "adopted" in Florida?

I am sorry I didn't make it more clear. The boy was adopted in Indiana by her Aunt. That is where the adoption took place and currently resides. It is the mother that moved away to Florida. I apologize for any confusion.

[JudyKayTee]

I am sorry i didn't make it more clear. The boy was adopted in Indiana by her Aunt. That is where the adoption took place and currently resides. It is the mother that moved away to Florida. I apologize for any confusion.

No, no problem - I'm sure GV70 will come back with more information and some citations (he really knows his stuff!).

[Stacy48060]

No, no problem - I'm sure GV70 will come back with more information and some citations (he really knows his stuff!).

I am looking forward to it.

[Revival]

Indiana Adoption Laws -

This website should be able to help you out some I'm sure.

[JudyKayTee]

Indiana Adoption Laws -

this website should be able to help you out some i'm sure.

This site unfortunately does not address attempting to reverse an adoption (which may or may not have been legal).

[Revival]

Several things:
A) He was not on the birth certificate, thereby ruling out his decision rights as a father.
B) He has not tried to contact his son until now.
C) He has not paid any form of support.

With all those in mind he's got a very up hill battle to try to go for custody. Best bet first of all would try to work out some sort of deal with the aunt, and the birth mother. Set up some form of mutual meeting, of sorts where everyone can kind of lay things on the line. And if they refuse that then seek legal action.

A question that came up in my mind though is, with his grandmother being his legal guardian at the time, and him himself not being able to sign a legal document towards adoption without a guardian present, did his grandmother give the go ahead to put the child up for adoption? And are you sure she had moved to flordia at the time of adoption? And with that however, if she did live in Florida, that means that's where the child was adopted from and legally resided, so wouldn't that also mean that the adoption would have taken place in Florida, not in Indiana? It's not where the adoptive parents live that's the hot button issue, its where the child resided that has to be taken into consideration.

[GV70]

IC 31-19-10-1
Persons permitted to contest adoption; time for filing motion to
Contest
Sec. 1. (a) Except as provided in subsection (c), only a person
Entitled to notice of adoption under IC 31-19-4 or IC 31-19-4.5 may
Contest an adoption.
(b) A person contesting an adoption must file a motion to contest
The adoption with the court not later than thirty (30) days after
Service of notice of the pending adoption.

IC 31-19-10-1.4
Basis for resolving contested adoption
Sec. 1.4. A court, in making a determination under section 1.2(e)
Of this chapter, shall consider all relevant evidence, but may not base
Its determination solely on a finding that a:
(1) petitioner for adoption would be a better parent for a child
Than the parent who filed the motion to contest the adoption; or
(2) parent has a biological link to the child sought to be
Adopted.

IC 31-19-4
Chapter 4. Notice of Adoption After Birth of Child
IC 31-19-4-1
Notice to registered putative father
IC 31-19-4-2
Notice to putative father registered with putative father registry; name or address not provided by mother
IC 31-19-4-3
Notice to putative father not registered with putative father registry; name or address undisclosed by mother; child conceived outside Indiana
Sec. 3. (a) If:
(1) the mother of a child:
(A) informs an attorney or agency arranging the child's adoption, on or before the date the child's mother executes a consent to the child's adoption, that the child was conceived outside Indiana; and


(B) does not disclose to the attorney or agency the name or address, or both, of the putative father of the child; and
(2) the putative father of the child has:
(A) failed or refused to consent to the adoption of the child or has not had the parent-child relationship terminated under IC 31-35 (or IC 31-6-5 before its repeal); and
(B) not registered with the putative father registry under IC 31-19-5 within the period under IC 31-19-5-12;
The attorney or agency shall serve notice of the adoption proceedings on the putative father by publication in the same manner as a summons is served by publication under Rule 4.13 of the Indiana Rules of Trial Procedure.
(b) The only circumstance under which notice to the putative father must be given by publication under Rule 4.13 of the Indiana Rules of Trial Procedure is when the child was conceived outside of Indiana as described in subsection (a).
As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.5.

[GV70]

IC 31-19-4-6
Putative father not entitled to notice of adoption
Sec. 6. Except as provided in section 3 of this chapter, if:
(1) on or before the date the mother of a child executes a consent to the child's adoption, the mother does not disclose to the attorney or agency arranging the adoption the identity or address, or both, of the putative father; and
(2) the putative father has not registered with the putative father registry under IC 31-19-5 within the period under IC 31-19-5-12;
The putative father is not entitled to notice of the adoption.
As added by P.L.1-1997, SEC.11.

[GV70]

IC 31-19-5-4
Notice rights of registered persons
Sec. 4. A putative father of a child who registers in accordance with this chapter (or IC 31-3-1.5 before its repeal) is entitled to notice of the child's adoption under Rule 4.1 of the Indiana Rules of Trial Procedure


IC 31-19-5-12
Time of registration
Sec. 12. (a) To be entitled to notice of an adoption under IC 31-19-3 or IC 31-19-4, a putative father must register with the state department of health under section 5 of this chapter not later than:
(1) thirty (30) days after the child's birth; or
(2) the earlier of the date of the filing of a petition for the:
(A) child's adoption; or
(B) termination of the parent-child relationship between the child and the child's mother;
Whichever occurs later.
(b) A putative father may register under subsection (a) before the child's birth.

[Stacy48060]

IC 31-19-5-4
Notice rights of registered persons
Sec. 4. A putative father of a child who registers in accordance with this chapter (or IC 31-3-1.5 before its repeal) is entitled to notice of the child's adoption under Rule 4.1 of the Indiana Rules of Trial Procedure


IC 31-19-5-12
Time of registration
Sec. 12. (a) To be entitled to notice of an adoption under IC 31-19-3 or IC 31-19-4, a putative father must register with the state department of health under section 5 of this chapter not later than:
(1) thirty (30) days after the child's birth; or
(2) the earlier of the date of the filing of a petition for the:
(A) child's adoption; or
(B) termination of the parent-child relationship between the child and the child's mother;
whichever occurs later.
(b) A putative father may register under subsection (a) before the child's birth.

So this applies even though he was under the age of 18? He was told by his legal guardian at the time to stay away from the mother and her family. But OK. He was just a 15 year old child.

[GV70]

In my view your fiancé does not have rights in this case.The LAW considers adoption as a final and irrevocable act.

[Stacy48060]

In my view your fiance does not have rights in this case.The LAW considers adoption as a final and irrevocable act.

Thank you for your time.

[GV70]

Thank you for your time.

My pleasure:)

[GV70]

It might be different if he played when he was 18.It was possible some kind of visitation... but eight years later I cannot see ways for it.

[ScottGem]

While the code that GV70 has cited does seem to preclude his getting any rights, I'm not so sure I would give up. Family Court judges are given a certain amount of leeway with the best interests of the child overrding the letter of the law.

There is no way he is going to get any form of custody. But I still think there is a chance that he can get permission to be some part of the child's life.

[JudyKayTee]

IC 31-19-5-4
Notice rights of registered persons
Sec. 4. A putative father of a child who registers in accordance with this chapter (or IC 31-3-1.5 before its repeal) is entitled to notice of the child's adoption under Rule 4.1 of the Indiana Rules of Trial Procedure


IC 31-19-5-12
Time of registration
Sec. 12. (a) To be entitled to notice of an adoption under IC 31-19-3 or IC 31-19-4, a putative father must register with the state department of health under section 5 of this chapter not later than:
(1) thirty (30) days after the child's birth; or
(2) the earlier of the date of the filing of a petition for the:
(A) child's adoption; or
(B) termination of the parent-child relationship between the child and the child's mother;
whichever occurs later.
(b) A putative father may register under subsection (a) before the child's birth.

I'd give you a "greenie" but I'm all out - definitive answer. Thanks -

[GV70]

While the code that GV70 has cited does seem to preclude his getting any rights, I'm not so sure I would give up. Family Court judges are given a certain amount of leeway with the best interests of the child overrding the letter of the law.

There is no way he is going to get any form of custody. But I still think there is a chance that he can get permission to be some part of the child's life.

IC 31-19-15-1
Effect upon duties, obligations, and rights of biological parents
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;
After the adoption.
(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.
As added by P.L.1-1997, SEC.11. Amended by P.L.130-2005, SEC.8.

[Stacy48060]

While the code that GV70 has cited does seem to preclude his getting any rights, I'm not so sure I would give up. Family Court judges are given a certain amount of leeway with the best interests of the child overrding the letter of the law.

There is no way he is going to get any form of custody. But I still think there is a chance that he can get permission to be some part of the child's life.

That's what we truly hope for. So you think there might be a chance the court would grant us visitation? I know the courts might want child support as well but that's a small price to pay to look in your child's eyes.