Indiana's New Paternity Law

Governor Mitch Daniels signed into law on Friday 12 March 2010 a bill that gives unmarried parents the opportunity to select joint legal custody on the paternity affidavit while at the hospital. The bill passed both houses of the Indiana General Assembly with unanimous support.


Senate Bill 178 came to life after three years of efforts by Robert Monday of the Children's Rights Council to eliminate gender discrimination in Indiana's paternity laws. The bill as introduced would have mandated that both natural parents have joint legal custody of the child just as married couples do. It also provided that the putative father would have parenting time pursuant to the minimums established by the Indiana Parenting Time Guidelines.

In the first hearing before the Senate Committee on Corrections, Criminal, and Civil Matters there was testimony that this bill would mandate joint legal custody for parents who may have little or no contact with each other. Some Senators agreed and the bill was just one vote shy of being killed in committee headed by Senator Brent Steele who introduced the bill.

Stuart Showalter, Legislative Liaison for Indiana Shared Parenting, met with each member of the committee to discuss the bill and came away with a solution. Senator Tim Lanane proposed the idea that a check off box be added to the paternity affidavit that would allow the parents to choose joint legal custody.

Steele, Lanane, Monday and Showalter met to revise the language in the bill. After doing so the bill was referred to the Senate where it passed by a vote of 49-1. In the first hearing before the House Committee on Family, Children and Human Affairs there was testimony that unmarried parents generally are not as committed in their relationships as married parents.

In that hearing Kerry Blomquist of the Indiana Coalition Against Domestic Violence said that this bill mandates joint legal custody and would be used by fathers to control the mothers. She also said that married parents do not always agree on how to raise a child and therefore should not have joint legal custody.

Committee Chair Vanessa Summers then turned over the hearing to Showalter to speak in favour of the bill. Showalter offered a quick solution to Bloomquist's concerns about unmarried parents not agreeing on major issues: mandate marriage for all parents because married parents always agree. Once the laughter subsided substantive issues were discussed.

It was decided that the bill would be amended to include language that the parents could view the affidavit separately, that if either was a minor he or she could consult with a parent or guardian and that if a genetic test proved the putative father was not the biological father then the affidavit was void. Showalter met with representatives and worked on language for the amendments.

The bill was sent to the House where it passed with a vote of 95-0. Unfortunately, the amendments didn't have the language as precise as needed or discussed. This is always a danger in writing overnight amendments. To correct the situation the bill had to be sent to conference committee.

This is where two senators and two representatives meet to write precise language for the bill. If all do not agree then the bill dies at that point. Conference on this bill took place in the hallway with about 20 people discussing the amendments.

The bill was modified slightly in that a minor parent may have the opportunity to consult with any adult and would have to sign an acknowledgement of receiving that opportunity. A technical change made the affidavit voidable rather than void since only a court may void a paternity affidavit.

So starting later this year unmarried parents will be presented with a new paternity affidavit at the hospital. It will do the following:
~ require that it be presented to and signed by the parents separately;
~ allow parents to select joint legal custody;
~ provide the opportunity for a minor parent to speak with an adult prior to signing the affidavit;
~ contain an advisement that if a genetic test determines that the putative father is not the biological father that the paternity affidavit is voidable; and,
~ contain an advisement that a genetic test must be submitted to the local health department within 60 days for the affidavit to be voidable.

This bill was the result of dedication by legislators and lobbyists working together through at least 20 meetings and numerous hearings and conferences. As the 2011 legislative session approaches many more family law issues will be presented to legislators. It will be necessary to have at least five lobbyists working on these issues.

If you are interested in assisting in this effort please contact us.

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©2010 Stuart Showalter, LLC. Permission is granted to all non-commercial entities to reproduce this article in it's entirety with credit given.