Section 31-19-2.5-6 - Provision of notice of petition for adoption or petition for termination of parent-child relationship of safe haven infant(a) Except as provided in subsections (b) and (c), notice may be given to an individual under IC 31-19-4-1, IC 31-19-4-2, IC 31-19-4.5-2, IC 31-19-5-4, IC 31-19-5-7, or IC 31-35-1.5 by:(1) sending a copy of the notice to:(A) the individual's residence;(B) the individual's place of business or employment; or(C) any other address at which the individual may be found; by certified mail, public delivery service, or other public means that allow the sender to obtain a written acknowledgment of receipt, with return receipt requested;
(2) personally delivering a copy of the notice to the individual;(3) leaving a copy of the notice at, and sending another copy of the notice by first class mail to:(A) the individual's dwelling, house, or usual place of residence;(B) the individual's place of business or employment; or(C) any other address at which the individual may be found; or(4) giving notice by any other means that allows the individual's receipt of the notice to reasonably be confirmed.(b) Notice shall be given under IC 31-19-4-1, IC 31-19-4-2, IC 31-19-4.5-2, IC 31-19-5-4, IC 31-19-5-7, or IC 31-35-1.5 to an individual who is imprisoned or detained in an institution by delivering or mailing a copy of the notice to the official in charge of the institution. The official in charge of the institution shall: (1) immediately deliver the notice to the individual;(2) allow the individual to make provisions for adequate representation by counsel; and(3) indicate in an affidavit of service that the individual has received the notice and been given an opportunity to retain counsel.(c) If a petitioner for adoption of a child or a petitioner for the termination of the parent-child relationship of a safe haven infant (under IC 31-35-1.5) does not know the address of an individual entitled to notice under IC 31-19-4-3, IC 31-19-4.5-2, or IC 31-35-1.5-5, the notice must be provided to the individual as follows: (1) If the petitioner knows the county in which the individual resides, the notice must be published once a week for three (3) consecutive weeks in the print edition or electronic edition of a newspaper of general circulation in the county.(2) If the petitioner does not know the county in which the individual resides, the notice must be published as follows:(A) If the child or safe haven infant is less than thirty (30) days of age at the time the petition for adoption or petition for the termination of the parent-child relationship of a safe haven infant is filed, the notice must be published once a week for three (3) consecutive weeks in the print edition or electronic edition of a newspaper of general circulation in the county in which the child was conceived or in which the safe haven infant was voluntarily surrendered.(B) If the child is at least thirty (30) days of age but less than six (6) months of age at the time the petition for adoption is filed, the notice must be published once a week for three (3) consecutive weeks in the print edition or electronic edition of: (i) a newspaper of general circulation in the county in which the child lived for the greatest proportion of the first six (6) months of the child's life; and(ii) a newspaper of general circulation in the county in which the child was conceived, if different from the county described in item (i).(C) If the child is six (6) months of age or older at the time the petition for adoption is filed, the notice must be published once a week for three (3) consecutive weeks in the print edition or electronic edition of a newspaper of general circulation in the county in which the child lived for the greatest proportion of the six (6) month period ending on the date on which the petition for adoption is filed.(d) If an individual: (1) is served with notice of an adoption or notice to terminate the parent-child relationship of a safe haven infant;(2) is notified that: (A) the individual is being served with notice; and(B) if the individual refuses to accept the offer or tender of the notice, the offer or tender of the notice is adequate service of the notice, and the individual may not challenge the service of the notice; and(3) refuses to accept the offer or tender of the notice; the offer or tender of the notice is adequate service of the notice, and the individual may not challenge the service of the notice.
(e) A person accepting service of notice for another individual under this section: (1) shall promptly deliver the notice to the individual;(2) shall promptly notify the individual that the person is in possession of the notice; or(3) if the person is not able to deliver the notice to the individual, shall, not later than three (3) days after accepting the notice, notify the attorney or adoption agency attempting to serve the notice that the person was unable to deliver the notice to the individual.(f) An individual to whom service is made or attempted under this section may not impose a sanction, penalty, or punishment on, or discriminate in any manner whatsoever against, the individual serving or attempting to serve the notice. Willful violation of this section is punishable as contempt of the court with jurisdiction over the adoption proceeding.Amended by P.L. 9-2024,SEC. 496, eff. 7/1/2024.Amended by P.L. 45-2023,SEC. 3, eff. 7/1/2023.Added by P.L. 203-2021,SEC. 7, eff. 7/1/2021.