1. (a) A resident of Indiana who seeks to adopt a child less than eighteen (18) years of age may, by attorney of record, file a petition for adoption with the clerk of the court having probate jurisdiction in the county in which:

   1. (1) the petitioner for adoption resides;
   2. (2) a licensed child placing agency or governmental agency having custody of the child is located; or
   3. (3) the child resides.
2. (b) The county in which the petition for adoption may be filed is a matter of venue and not jurisdiction.

3. (c) Subject to IC 31-19-9-3 , if an individual who files a petition for adoption of a child:

   1. (1) decides not to adopt the child; or

   2. (2) is unable to adopt the child;

      the petition for adoption may be amended or a second petition may be filed in the same action to substitute another individual who intends to adopt the child as the petitioner for adoption. The amended petition or second petition under this subsection relates back to the date of the original petition.

      [Pre-1997 Recodification Citation: 31-3-1-1(a).]

As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.2.