(a) 'Parents', for purposes of IC 34-28-3, means:(1) the child's birth mother and father who:(A) is listed as the father on the birth certificate;(B) is presumed by law under IC 31-14-7 to be the child's father; or(C) has established paternity with a court order;(2) in the case of adoption, the adopting father and mother of a child;(3) where custody of a child has been awarded in a court proceeding to someone other than the mother or father, the court appointed guardian or custodian of the child;(4) where the child's parents are divorced, the parent to whom the divorce decree or modification awards physical custody or control of the child; or(5) if the child's parents are living apart, the parent to whom physical custody or control of the child has been awarded by a court order.(b) The term does not include a natural or adopting parent who has given written consent for the child to be adopted by another (if the child has been adopted by another), nor does the term include a child's parent who has lost custody of the child under subsection (a)(3), (a)(4), or (a)(5).[Pre-1998 Recodification Citation: 34-4-44.2-3.]As added by P.L.1-1998, SEC.1.
Indiana Legal Code