Sec. 10. 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 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.