A court shall determine that consent to adoption is not required from a parent if:(1) the parent is convicted of and incarcerated at the time of the filing of a petition for adoption for:(A) murder (IC 35-42-1-1);(B) causing suicide (IC 35-42-1-2);(C) voluntary manslaughter (IC 35-42-1-3);(D) rape (IC 35-42-4-1);(E) criminal deviate conduct (IC 35-42-4-2) (before its repeal);(F) child molesting (IC 35-42-4-3) as a:(i) Class A or Class B felony, for a crime committed before July 1, 2014; or(ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014;(G) incest (IC 35-46-1-3) as a:(i) Class B felony, for a crime committed before July 1, 2014; or(ii) Level 4 felony, for a crime committed after June 30, 2014;(H) neglect of a dependent (IC 35-46-1-4) as a:(i) Class B felony, for a crime committed before July 1, 2014; or(ii) Level 1 or Level 3 felony, for a crime committed after June 30, 2014;(I) battery (IC 35-42-2-1) of a child as a:(i) Class C felony, for a crime committed before July 1, 2014; or(ii) Level 5 felony, for a crime committed after June 30, 2014;(J) battery (IC 35-42-2-1) as a:(i) Class A or Class B felony, for a crime committed elony, for a crime committed before July 1, 2014; or(ii) Level 5 felony, for a crime committed after June 30, 2014;(J) battery (IC 35-42-2-1) as a:(i) Class A or Class B felony, for a crime committed before July 1, 2014; or(ii) Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014;(K) domestic battery (IC 35-42-2-1.3) as a Level 5, Level 4, Level 3, or Level 2 felony; or(L) aggravated battery (IC 35-42-2-1.5) as a Level 3 or Level 1 felony;(2) the child or the child's sibling, half-blood sibling, or step-sibling of the parent's current marriage is the victim of the offense; and(3) after notice to the parent and a hearing, the court determines that dispensing with the parent's consent to adoption is in the child's best interests.[Pre-1997 Recodification Citation: 31-3-1-6(m).]As added by P.L.1-1997, SEC.11. Amended by P.L.222-2001, SEC.1; P.L.158-2013, SEC.310; P.L.214-2013, SEC.23; P.L.168-2014, SEC.38; P.L.65-2016, SEC.13; P.L.210-2019, SEC.4; P.L.142-2020, SEC.37.
Indiana Legal Code