(a) If a petition for adoption and a paternity action are pending at the same time for a child sought to be adopted, the court in which the petition for adoption has been filed has exclusive jurisdiction over the child, and the paternity proceeding must be consolidated with the adoption proceeding.(b) If the petition for adoption is dismissed, the court hearing the consolidated adoption and paternity proceeding shall determine who has custody of the child under IC 31-19-11-5.(c) Following a dismissal of the adoption petition under subsection (b), the court may:(1) retain jurisdiction over the paternity proceeding; or(2) return the paternity proceeding to the court in which it was originally filed.If the paternity proceeding is returned to the court in which it was originally filed, the court assumes jurisdiction over the child, subject to any provisions of the consolidated court's order under IC 31-19-11-5.As added by P.L.61-2003, SEC.3. Amended by P.L.81-2014, SEC.2.
Indiana Legal Code