1. (a) Whenever the court has heard the evidence and finds that:

   1. (1) the adoption requested is in the best interest of the child;
   2. (2) the petitioner or petitioners for adoption are of sufficient ability to rear the child and furnish suitable support and education;
   3. (3) the report of the investigation and recommendation under IC 31-19-8-5 has been filed;
   4. (4) the attorney or agency arranging an adoption has filed with the court an affidavit prepared by the state department of health under IC 31-19-5-16 indicating whether a man is entitled to notice of the adoption because the man has registered with the putative father registry in accordance with IC 31-19-5 ;
   5. (5) proper notice arising under subdivision (4), if notice is necessary, of the adoption has been given;

   6. (6) the attorney or agency has filed with the court an affidavit prepared by the state department of health under:

      1. (A) IC 31-19-6 indicating whether a record of a paternity determination; or

      2. (B) IC 16-37-2-2 (g) indicating whether a paternity affidavit executed under IC 16-37-2-2.1 ;

         has been filed in relation to the child;

   7. (7) proper consent, if consent is necessary, to the adoption has been given;
   8. (8) the petitioner for adoption is not prohibited from adopting the child as the result of an inappropriate criminal history described in subsection (c) or (d); and

   9. (9) the person, licensed child placing agency, or local office that has placed the child for adoption has provided the documents and other information required under IC 31-19-17 to the prospective adoptive parents;

      the court shall grant the petition for adoption and enter an adoption decree.

2. (b) A court may not grant an adoption unless the state department of health's affidavit under IC 31-19-5-16 is filed with the court as provided under subsection (a)(4).

3. (c) A juvenile adjudication for an act listed in subdivisions (1) through (21) that would be a felony if committed by an adult, a conviction of a misdemeanor related to the health and safety of a child, or a conviction of a felony not listed in subdivisions (1) through (21) by a petitioner for adoption is a permissible basis for the court to deny the petition for adoption. In addition, the court may not grant an adoption if a petitioner for adoption has been convicted of any of the felonies described as follows:

   1. (1) Murder ( IC 35-42-1-1 ).
   2. (2) Causing suicide ( IC 35-42-1-2 ).
   3. (3) Assisting suicide ( IC 35-42-1-2.5 ).
   4. (4) Voluntary manslaughter ( IC 35-42-1-3 ).
   5. (5) Reckless homicide ( IC 35-42-1-5 ).
   6. (6) Battery as a felony ( IC 35-42-2-1 ).
   7. (7) Domestic battery ( IC 35-42-2-1.3 ).
   8. (8) Aggravated battery ( IC 35-42-2-1.5 ).
   9. (9) Kidnapping ( IC 35-42-3-2 ).
   10. (10) Criminal confinement ( IC 35-42-3-3 ).
   11. (11) A felony sex offense under IC 35-42-4 .
   12. (12) Carjacking ( IC 35-42-5-2 ) (repealed).
   13. (13) Arson ( IC 35-43-1-1 ).
   14. (14) Incest ( IC 35-46-1-3 ).
   15. (15) Neglect of a dependent ( IC 35-46-1-4 (a)(1) and IC 35-46-1-4 (a)(2)).
   16. (16) Child selling ( IC 35-46-1-4 (d)).
   17. (17) A felony involving a weapon under IC 35-47 or IC 35-47.5 .
   18. (18) A felony relating to controlled substances under IC 35-48-4 .
   19. (19) An offense relating to material or a performance that is harmful to minors or obscene under IC 35-49-3 .
   20. (20) A felony under IC 9-30-5 .

   21. (21) A felony under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in subdivisions (1) through (20).

       However, the court is not prohibited from granting an adoption based upon a felony conviction under subdivision (6), (10), (12), (13), (17), (18), or (20) or its equivalent under subdivision (21), if the date of the conviction did not occur within the immediately preceding five (5) year period.

4. (d) A court may not grant an adoption if the petitioner is a sex or violent offender (as defined in IC 11-8-8-5 ) or a sexually violent predator (as defined in IC 35-38-1-7.5 ).

   [Pre-1997 Recodification Citations: 31-3-1-8(a); 31-3-1.5-14(c).]

As added by P.L.1-1997, SEC.11. Amended by P.L.257-1997(ss), SEC.38; P.L.200-1999, SEC.23; P.L.1-2002, SEC.126; P.L.123-2002, SEC.29; P.L.129-2005, SEC.3; P.L.140-2006, SEC.17 and P.L.173-2006, SEC.17; P.L.145-2006, SEC.253; P.L.1-2007, SEC.196; P.L.138-2007, SEC.44; P.L.216-2007, SEC.34; P.L.3-2008, SEC.238; P.L.21-2010, SEC.7; P.L.162-2011, SEC.16; P.L.128-2012, SEC.56; P.L.158-2013, SEC.311.