Putative dad can file paternity petition for child

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The Indiana Court of Appeals has ruled that although a putative father's paternity petition should be dismissed, he could proceed as the next friend of the alleged daughter in her paternity petition.

"We acknowledge the apparent anomaly that a putative father barred by one statutory section from petitioning for paternity on his own behalf may nevertheless succeed in filing, under a different statutory section, substantially the same petition as next friend on behalf of the child," wrote Judge Margret Robb. "Yet where two statutes appear inconsistent in some respect, we must give effect to both if possible."

In today's opinion In the Matter of Adoption of E.L., and In Re: the Paternity of E.L. b/n/f R.J.; R.J. v. V.N., No. 49A05-0902-CV-152, the appellate court concluded alleged father R.J. hadn't registered as E.L.'s putative father when the adoption petition was filed by V.N.'s new husband and couldn't proceed with his paternity petition. V.N. was unmarried at the time she had E.L. and no father was listed on E.L.'s birth certificate. Both parties believed R.J. was the father.

Indiana Code Section 31-19-5-12(a) says a putative father must register 30 days after the child's birth, or the earlier date of the filing of a petition for adoption or termination of the parent-child relationship of the mother. A putative father who fails to file within the specific deadlines listed in the statute waives notice of an adoption proceeding and gives implied consent to the child's adoption.

R.J. argued that because he had timely filed a paternity action, the issue of filing with the Putative Father Registry was moot, but the appellate court dismissed this argument. Under I.C. Section 31-19-5-6(b), the filing of a paternity action by a putative father doesn't relieve him of the obligation of registering or the consequences of failing to register, wrote Judge Robb. Even if he had timely registered, his instant petition is likely time-barred because the general time limit for filing a paternity action is two years, subject to six exceptions. R.J. didn't file until after E.L. was older than two, and he doesn't fall under any of the exceptions.

The trial court erred, however, in dismissing E.L.'s paternity petition filed by R.J. as a next friend. Indiana hasn't statutorily defined "next friend" but the Court of Appeals has held that a putative father is a proper next friend for purposes of a paternity action. Even though R.J. was barred in filing his own action, he is not time barred by filing as next friend for E.L. The time limitations defined in statute don't apply when the petitioner is the child.

"Ultimately, the trial court erred in dismissing the paternity petition with respect to E.L. because no Indiana statute sets forth applicable grounds for dismissing a paternity petition filed on behalf of a minor child by a next friend," the judge wrote.

The Court of Appeals remanded for further proceedings consistent with the opinion.


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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.