Unregulated Custody Transfers of Adopted Children - Indiana

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Definitions

This issue is not addressed in the statutes reviewed.

Prohibited or Required Actions Regarding Custody

Citation: Ann. Code § 29-3-9-1

By a properly executed power of attorney, a parent of a minor may delegate to another person, for a period not exceeding 12 months, any powers regarding health care, support, custody, or property of the minor. A delegation is effective immediately, unless otherwise stated in the power of attorney. A parent of a minor may not delegate the power to consent to the marriage or adoption of a minor.

A person having a power of attorney has and shall exercise, for the period during which the power is effective, all other authority of the parent or guardian respecting the health care, support, custody, or property of the minor, except any authority expressly excluded in the written instrument delegating the power. The parent remains responsible for any act or omission of the person having the power of attorney with respect to the affairs, property, and person of the minor as though the power of attorney had never been executed.

Exceptions

Citation: Ann. Code § 29-3-9-1

A parent who is a member of the United States armed services may delegate the powers described above for a period longer than 12 months if the parent is on active-duty service. However, the term of delegation may not exceed the term of active-duty service plus 30 days. The power of attorney must indicate that the parent is required to enter or serve in the active military service of the United States and include the estimated beginning and ending dates of the active-duty service.

Consequences

This issue is not addressed in the statutes reviewed.