A court shall determine that consent to adoption is not required from a parent if:

1. (1) the parent is convicted of and incarcerated at the time of the filing of a petition for adoption for:

   1. (A) murder ( IC 35-42-1-1 );
   2. (B) causing suicide ( IC 35-42-1-2 );
   3. (C) voluntary manslaughter ( IC 35-42-1-3 );
   4. (D) rape ( IC 35-42-4-1 );
   5. (E) criminal deviate conduct ( IC 35-42-4-2 ) (before its repeal);

   6. (F) child molesting ( IC 35-42-4-3 ) as a:

      1. (i) Class A or Class B felony, for a crime committed before July 1, 2014; or
      2. (ii) Level 1, Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014;

   7. (G) incest ( IC 35-46-1-3 ) as a:

      1. (i) Class B felony, for a crime committed before July 1, 2014; or
      2. (ii) Level 4 felony, for a crime committed after June 30, 2014;

   8. (H) neglect of a dependent ( IC 35-46-1-4 ) as a:

      1. (i) Class B felony, for a crime committed before July 1, 2014; or
      2. (ii) Level 1 or Level 3 felony, for a crime committed after June 30, 2014;

   9. (I) battery ( IC 35-42-2-1 ) of a child as a:

      1. (i) Class C felony, for a crime committed before July 1, 2014; or
      2. (ii) Level 5 felony, for a crime committed after June 30, 2014;

   10. (J) battery ( IC 35-42-2-1 ) as a:

       1. (i) Class A or Class B felony, for a crime committed before July 1, 2014; or
       2. (ii) Level 2, Level 3, or Level 4 felony, for a crime committed after June 30, 2014;
   11. (K) domestic battery ( IC 35-42-2-1.3 ) as a Level 5, Level 4, Level 3, or Level 2 felony; or
   12. (L) aggravated battery ( IC 35-42-2-1.5 ) as a Level 3 or Level 1 felony;
2. (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. (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.