A Primer on Indiana Paternity Laws
The overall structure of paternity laws in Indiana, before the 2024 changes, is governed by both statute and case law. At their core, these laws establish not only the legal father of a child but responsibilities in terms of support, custody, and decision-making.
Parentage Proceedings: In Indiana, paternity may be established either through an "agreed paternity proceeding" or a "contested paternity proceeding." Typically, if the parties to a child’s birth certificate agree on paternity, an agreed proceeding is used. This process is initiated about 72 hours after the birth of a child and applies if both parents have signed the birth certificate and the child’s mother is unmarried at the time of birth. However, it is important the parties understand the rights they are giving up by executing an agreed paternity affidavit. If there is any question about legal paternity, particularly in terms of timelines, a contested proceeding is appropriate.
Contested proceedings begin when a petition is filed by a person with standing. A person has standing with respect to a child straightforwardly enough – they are either the child’s mother or father. After a timely response , a hearing is held and the court will establish paternity using clear and convincing evidence. The key thing to remember about contested paternity is that it is a lawsuit – the party who files the lawsuit is the petitioner and the other party is the respondent.
Once paternity is established through test, acknowledgment, or voluntarily execution of an affidavit, the court will determine a court order for parenting time, child support, insurance, and tax exemptions. There are also models for shared parenting time in cases where both parents seek residential parenting time. Because paternity proceeding paternity can create property rights – things such as home, motorcycle, or boat ownership – parties should consider getting representation.
Other Issues: Although paternity is often conflated with custody or parenting time issues, paternity rulings are often only the first step. Once it is determined that a person is a child’s legal parent, many other issues are considered. The newly-established parent will often have the option to establish regular time with the child, ask for relocation, or even terminate parental rights if the child is in a custodial situation that is not in the child’s best interest.
What’s New for 2024
This is the first year Indiana is following new paternity laws under IC 31-14-7.5. Among the notable changes to the rules is the fact that the Family Court can still input visitation and parenting time – as well as parenting time for third-parties (such as a grandparent or former stepparent) and even advice and counsel for parents, even if the child was born out of wedlock and even if the parents are not living together as a married couple. If a married couple divorces or obtains a separation, the terms of the divorce may be used under certain circumstances to set the terms of the remarriage under Interlocutory orders. IC 31-15-5.7. The same is true for issues of dissolution of marriage and separation. IC 31-154-7.5. And, if an establishment of paternity order has been in effect for more than 90 days, a biological parent cannot seek litigation, mediation or other means of altering or annulling the paternity order for at least two years, even if it can be proved that DNA results obtained through AABB laboratory testing in the previous 2 years reveal a different father or there is a legal reason the paternity order should be nullified.
The Effects on the Father and the Mother
The new paternity laws and legal presumption of paternity are going to impact both fathers and mothers. For example, there are numerous potential father/child relationships that exist that are not being adjudicated by courts, such as for children of unmarried parents and children born after the death of a presumed father (assuming these parents had intercourse during the window of time that child could have been conceived), which will now need to be determined by a court with jurisdiction over the issue. If acknowledged before the mother’s death or later proven, the new law extends the father’s inheritance rights to the mother’s estate as well and provides him authority to act as personal representative of her estate. On the flip side, the mother’s ability to allow significant relatives to take an active role in the life of the unacknowledged child may well stem from legal authority of the court to do so.
The recognized father also has parenting time and parental rights if he was the parent of one child whose paternity was adjudicated at the same time as the child being tested, although if he has no other children, the other provisions of this law would not apply. This means that he has a right to visitation with all of the children if someone is seeking adjudication of paternity on behalf of any one of those children. The law says that parenting time must be done in accordance with local statute or rule. However, local examples include the Indiana Parenting Time Guidelines, Marion County Local Rule 81(B) and St. Joseph County Local Rule 2-24 (See cases where a Protective Order differentiates between a "fit parent" and parent that has had parental conduct and/or abuse issues.).
Also relevant to both fathers and mothers, a father subject to a scientific paternity test can now seek recognition as the assumed natural father of the child from the court upon learning that another person has already been adjudged to be the child’s natural father upon his death. In this scenario, the child is one of twins who are born alive but die two days after birth. For years, the alleged father has recognized and treated the older of the twins as the one and only child who has died at an early age. Later, his other twin is discovered.
Additionally, the father’s right to file for custody or parenting time has been expanded.
How to Establish Paternity Under the New System
Indiana law has always assumed that when a couple is married, both spouses are the legal parents of any child that is born into that marriage; the presumption also extends if a couple enters into a marriage when either one or both parties have children from previous relationships or marriages. However, if a couple or an individual wants to make it clear and confirm a biological relationship, the process for establishing paternity under the new law will apply. The new law has created a situation where an existing Indiana statute, which provides for a form of acknowledgment of paternity that can be executed at the time of the birth of a child, must be used in order to establish paternity and such an acknowledgment now must be provided to the State Registrar at the time of the birth of the child. Recognition of paternity affects all parental rights, parenting time, parenting plans and child support. The basic steps in establishing paternity in Indiana are as follows:
- A mother who is unmarried at the time of the birth of a child must execute an acknowledgment of paternity if she wishes to establish the paternity of the child and identify the father .
- An acknowledgment of paternity form must be executed by both parents at the time of the birth of the child (if the mother is unmarried) before the father’s name can be added to the birth certificate.
- If an acknowledgment of paternity form is executed, a father’s name will be added to the birth certificate even if the mother later states that a different person is the father of the child.
- The acknowledgment form must be signed by both parents at the time of the birth of the child for both parents to be considered the parents of the child.
- To establish paternity and identify the father of the child, the acknowledgment forms must be presented to the healthcare provider who is conducting the birth of the child.
- Once the acknowledgment form is executed properly, paternity is established and the father has the same legal rights as the mother with regard to the child.
- A father will not be presumed to be the father of a child if he is not married to the mother at the time of the child’s birth or if the acknowledgment of paternity form is not properly executed.
- The new law clarifies that a "legal father" has the same rights and obligations as a biological father with regard to a child.
Legal Rights and Obligations
The establishment of paternity under these new laws confers parental rights and responsibilities. These responsibilities include, but are not limited to, the following:
1. Decision Making
Pursuant to the Order of the Court, legal parents are required to make decisions regarding the care, education, health, and religious upbringing of their child. Generally, both parties have equal input when making such decisions.
2. Financial Responsibility
Each parent is obligated to support the child "to the best of the parent’s ability, including all of the following:"
3. Overnights with the Child
If the child is over 18 months of age, both parents are entitled to equal parenting time. When the child is younger than 18 months, the child cannot be away from either parent for more than three hours at a time.
4. Child Care
Both parents are required to provide good faith, necessary childcare for the child, assuming the childcare is with the child over 3 hours at a time. Necessary childcare includes, but is not limited to, medically necessary care, childcare for non-school work, and childcare for non-school days.
5. Relationship with the Child
Both parents have a duty to foster the relationship between the child and the other parent, as well as their role in the relationship with the child. If the court determines one parent is interfering with the other parent’s relationship with the child, it can restrict parenting time, order corrective measures, or sanction the parent who interferes.
6. Interstate Travel
Generally, a parent may not travel with the child outside of the State of Indiana without the other parent’s consent.
The above list is not exhaustive. Parents should refer to IND.CODE § 31-14-14-1, et seq., or speak to their attorney for additional information regarding parents’ legal rights and responsibilities in general.
Where to Find Legal Help
Legal Aid Society of Indianapolis, Inc.
Legal Aid Society of Indianapolis provides true legal aid in civil matters. We handle cases in the areas of family law, domestic violence, housing, income maintenance, education and other issues related to poverty. Through our use of strategic partnerships and innovative approaches, we strive to meet the ever-changing needs of the low-income residents of Marion County.
Indiana Legal Services
Indiana Legal Services, Inc. helps low-income people with civil (non-criminal) legal problems. ILS advocates for and with clients to improve their lives and the lives of others in their communities through quality legal representation , community education, and collaboration with other agencies serving our clients.
Indiana State Bar Association’s Lawyer Locator
The Indiana State Bar Association’s Lawyer Locator is a free, online resource that allows you to search for and locate an attorney based on geographic and practice area preferences. The site includes a comprehensive list of attorneys who are in good standing with the state bar. It also has useful resources for getting connected with a legal professional who best suits your needs.
Some legal advice organizations charge fees, while others are free of charge.