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.(b) If a petition for adoption alleges that a parent's consent to the adoption is unnecessary under IC 31-19-9-8(a)(1) or IC 31-19-9-8(a)(2) and the parent files a motion to contest the adoption under section 1 of this chapter, the court may consider:(1) the parent's substance abuse;(2) the parent's voluntary unemployment; or(3) instability of the parent's household caused by a family or household member of the parent;as justifiable cause for the parent's abandonment or desertion of the child as described in IC 31-19-9-8(a)(1), failure to communicate significantly with the child as described in IC 31-19-9-8(a)(2)(A), or failure to provide for the care and support of the child as described in IC 31-19-9-8(a)(2)(B), if the parent has made substantial and continuing h the child as described in IC 31-19-9-8(a)(2)(A), or failure to provide for the care and support of the child as described in IC 31-19-9-8(a)(2)(B), if the parent has made substantial and continuing progress in remedying the factors in subdivisions (1), (2), and (3), and it appears reasonably likely that progress will continue.As added by P.L.61-2003, SEC.17. Amended by P.L.203-2021, SEC.21.
Indiana Legal Code