1. (a) If the court makes findings of fact upon the record that:

   1. (1) one (1) parent has made a valid consent to the termination of the parent-child relationship;

   2. (2) the other parent:

      1. (A) is required under this chapter to consent to the termination of the parent-child relationship;
      2. (B) cannot be located, after a good faith effort has been made to do so, or has been located but fails to appear at the termination hearing; and
      3. (C) has been served with notice of the hearing in the most effective means under the circumstances; and

   3. (3) the investigation that may be required by section 7 of this chapter has been completed and entered on the record;

      the court may enter a default judgment against the unavailable parent and terminate as to both parents.

2. (b) A parent may waive the notice required by subsection (a)(2)(C) if the waiver:

   1. (1) is in writing;
   2. (2) is signed by the parent in the presence of a notary public; and

   3. (3) contains an acknowledgment that:

      1. (A) the waiver is irrevocable; and

      2. (B) the parent will not receive notice of:

         1. (i) adoption; or

         2. (ii) termination of parent-child relationship;

            proceedings.

3. (c) A parent who waives notice under subsection (b) may not challenge or contest:

   1. (1) the termination of the parent-child relationship; or

   2. (2) the child's adoption.

      [Pre-1997 Recodification Citation: 31-6-5-2(g).]

As added by P.L.1-1997, SEC.18. Amended by P.L.200-1999, SEC.28; P.L.130-2005, SEC.13.