Ind. Code § 16-37-2-2
Birth certificate and paternity affidavit; persons responsible for filing or preparation; release of paternity affidavit
(a) A person in attendance at a live birth shall do the following:
(1) File with the local health officer the following:
- (A) A certificate of birth.
(B) Any paternity affidavit executed under section 2.1(c)(1) of this chapter.
Except as provided in IC 16-37-1-3.1 (f), the person in attendance at a live birth shall use the Indiana birth registration system established under IC 16-37-1-3.1 to electronically file a birth certificate or paternity affidavit under this subdivision.
(2) Advise the mother of a child born out of wedlock of:
- (A) the availability of paternity affidavits under section 2.1 of this chapter; and
- (B) the existence of the putative father registry established by IC 31-19-5-2 .
(b) If there was no person in attendance at the birth, one (1) of the parents shall file with the local health officer the following:
- (1) A certificate of birth.
- (2) Any paternity affidavit executed under section 2.1 of this chapter.
(c) If:
- (1) no person was in attendance at the birth and neither parent is able to prepare the certificate; or
(2) the local health officer does not receive a certificate of birth;
the local health officer shall prepare a certificate of birth from information secured from any person who has knowledge of the birth.
- (d) A local health department shall inform the Title IV-D agency (as defined in IC 31-9-2.1-244 ) regarding each paternity affidavit executed under section 2.1 of this chapter that the local health department receives under this section.
- (e) A paternity affidavit executed under section 2.1(c)(1) of this chapter shall be filed with the local health officer not more than five (5) days after the child's birth.
- (f) An attorney or agency that arranges an adoption may at any time request that the state department search its records to determine whether a man executed a paternity affidavit under section 2.1 of this chapter in relation to a child who is or may be the subject of an adoption that the attorney or agency is arranging.
(g) Not more than ten (10) days after receiving a request from an attorney or agency under subsection (f), the state department shall submit an affidavit to the attorney or agency verifying whether a paternity affidavit has been filed under this section. If a paternity affidavit has been filed regarding a child who is the subject of a request under subsection (f), the state department shall release a copy of the paternity affidavit to the requesting attorney or agency.
[Pre-1993 Recodification Citations: 16-1-16-1; 16-1-16-2; 16-1-16-4.]
As added by P.L.2-1993, SEC.20. Amended by P.L.100-1994, SEC.2; P.L.46-1995, SEC.62; P.L.133-1995, SEC.13; P.L.1-1997, SEC.92; P.L.257-1997(ss), SEC.30; P.L.61-2009, SEC.7; P.L.138-2019, SEC.7; P.L.145-2026, SEC.108.