Two successes in the Indiana Senate concerning paternity

SB0140 - Adoption matters
Provides that a man who is barred from establishing paternity under the adoption statutes is prohibited from establishing paternity by filing a paternity action as next friend of the child or requesting a prosecuting attorney to file a paternity action. Prohibits a person who has executed a written consent to the adoption of a child by a certain person from executing a second or subsequent written consent to the adoption of the child by another person, unless certain conditions apply. Removes provision that allows a father who receives a notice of adoption after the birth of the child to contest the adoption by filing a paternity action. Removes provision under which the consent of a putative father to the adoption of a child is irrevocably implied if the putative father, after receiving a notice of adoption after the birth of the child, fails to file a paternity action. Provides that the putative father registry provisions do not apply if, on or before the date the child's mother executes a consent to the child's adoption, the child's mother discloses the name and address of the putative father to the attorney or agency that is arranging the child's adoption. Provides that a putative father's motion to contest an adoption must be filed in the court in which the adoption is pending. Prohibits a court from granting an adoption if a petitioner for adoption has been convicted of an attempt to commit certain felonies. Authorizes a child placing agency and an attorney to advertise certain adoption information only if licensed under Indiana law. Provides that the crime of unauthorized adoption facilitation does not apply to child placing agencies licensed under Indiana law or attorneys licensed to practice law in Indiana.(Current law provides that the crime of unauthorized adoption facilitation does not apply to child placing agencies licensed under any state's law or attorneys licensed to practice law in any state.)
 
This bill was introduced by Senator Zakas at the request of Indianapolis adoption attorney Steve Kirsh. After discussion with Mr Kirsh, who wrote this bill, we decided to withdraw our efforts to pass SB0070 and instead support SB0140. We were formerly under the misconception that this bill would remove a protection for a putative father seeking to object to a petition for adoption of his child. This bill eliminates confusion in the statutes which the Indiana Supreme Court suggested the General Assembly address. This bill provides that a putative father seeking to object to a petition for adoption of his child only needs to file an objection with the adoption court. This bill also adds more improvements to the adoption laws. Senator Boots, the sponsor of SB0070, added his support to this bill as a sponsor. We appreciate the efforts of Senator Zakas in advocating for this needed improvement to Indiana's adoption laws and Senator Boots for his efforts to remedy the problem with the statutes.

I am pleased to say that this bill passed by a vote of 49-1. I spoke with Representative Linda Lawson after this bill passed out of committee with a unanimous vote and asked her to consider sponsoring it. She is the sponsor for this bill in the House. Representatives VanDenburgh and Foley are co-sponsors. I am also seeking to have some others add their support.
 
SB0178 - Custody and parenting time matters
Provides that if a paternity affidavit is executed, the mother and the man who is identified as the father share joint legal custody of the child, the mother has primary physical custody of the child, and the man who is identified as the father has parenting time in accordance with the parenting time guidelines unless another determination is made by a court.(Current law provides that a mother has sole custody unless another custody determination is made by a court.) Provides that a noncustodial parent is entitled to reasonable parenting time rights unless a court finds by clear and convincing evidence that parenting time might endanger the child's physical health or significantly impair the child's emotional development. (This changes the standard of proof under the current law.)
 
This bill was amended upon second reading on 01 February 2010. The most significant change was the language requiring "clear and convincing evidence" of possible child endangerment before parenting time could be restricted was removed. The amendment provides that the parents may now select joint legal custody through a check-off box with additional signatures on the paternity affidavit.

This was our major project for the year. We started pushing for this legislation during the interim session when the Indiana Child Custody and Support Advisory Committee met. We continued working on this bill as it made it's way through the Civil and Criminal Committee chaired by Senator Steele who authored the bill. We lobbied heavily in favour of this bill and asked that all Senators support it. We personally met with nearly half of the Senators to answer any questions and receive feedback. Senator Steele has put significant effort into this bill. We also appreciate the contributions of Senator Lanane, Taylor and the many others who provided feedback.  Senators Mishler, Taylor and Lanane added their support as sponsors of this bill. Additional information may be found here. I am pleased to say that this bill passed by a vote of 49-1.

Representative Shelli VanDenburgh is the current House sponsor for this bill. Her legislative aide is working on setting a time that Robert Monday and I may meet with her. Representative Koch is a co-sponsor. I have also met with other Representatives today to ask that they look at the bill and consider being co-sponsors. Just as I did with the Senate I will also be contacting each Representative to answer any questions or receive any feedback.

Please contact your Representative and ask that he or she support SB0140 and SB078 because both are child-friendly legislation. I am confident that both of these bills will then soon become law. The finishing touch will be when Mitch Daniels signs them.


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