Man’s attempts to establish paternity denied

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The Indiana Court of Appeals reversed denial of a mother’s two motions to dismiss her child’s father’s paternity actions instituted after her husband attempted to adopt the child.

Mother J.W. had G.W. while she was in a relationship with R.M. R.M. claims to be the child’s father, but he never signed G.W.’s birth certificate or paternity affidavit and didn’t register with the Putative Father Registry. He regularly saw G.W. for about eight months after the child’s birth until J.W. stopped all visitation. She married J.U. in July 2011 and he filed a petition to adopt G.W. in August 2011, to which J.W. consented.

R.M. did not receive notice of the proceedings. Just before the filing of the adoption petition, he signed a petition to establish paternity. The mother sought to dismiss R.M.’s paternity actions, which was denied.

In In the Matter of the Paternity of G.W., J.W. v. R.M.,22A01-1205-JP-234, the judges analyzed the statute establishing the state’s Putative Father Registry, Indiana Code 31-19-5-2, and ruled in favor of the mother.

“The evidence reflects that although Mother disclosed R.M.’s name to the attorney arranging the adoption of G.W. by her husband, she never divulged R.M.’s address. Because both the name and address have to be revealed to fall outside the application of the putative father registry, we find that the provisions of the registry are applicable to R.M,” Judge Patricia Riley wrote. “As R.M. acknowledges that he never registered, we must necessarily conclude that he is not entitled to the notice of the adoption proceeding, and has irrevocably and implicitly consented to the adoption of his minor child to J.U.

“Moreover, other jurisdictions have similarly concluded that a putative father who fails to register with the putative father’s registry has waived his right to notice of adoption proceedings and impliedly consents to the adoption.”

The judges also held that R.M. can’t serve as G.W.’s next of friend to establish paternity because he is barred from establishing paternity pursuant to I.C. 31-14-5-9.


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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon