AGO 2001-08.

• Case Date: January 16, 2002
• Court: Indiana

Indiana Attorney General Opinions 2002. AGO 2001-08. January 16, 2002Advisory Opinion 2001-8The Honorable Donald G. Hendrickson Warrick Circuit Court Judicial CenterSuite 360 One County Square Boonville, IN 47601RE:Interpretation of Indiana Code Section 31-19-28-1.Dear Judge Hendrickson: This letter responds to your request for an advisory on the following question:

What is the correct interpretation of Indiana Code section 31-19-28-1, from the chapter that governs adoption decrees from foreign jurisdictions?

We conclude that Article IV, Section I of the Indiana Constitution, Indiana precedent, and the rules of statutory construction, require Indiana courts to give full faith and credit to any adoption decree finalized outside the jurisdiction of Indiana, provided the adoption was done under the laws of the state in question, and provided the decree is filed with the clerk of the court of a county in Indiana, and entered upon the order book of the court in open session. We further conclude that there is no statutory requirement that a foreign adoption decree be made in accordance with Indiana law in order to be afforded full faith and credit, and thus have the full force and effect as if made in accordance with Indianas requirements. ANALYSIS The Supreme Court of Indiana provides that a decree of adoption is final. Risner v. Risner, 243 Ind. 581 (Ind. 1963). In Risner, supra, 243 Ind. At 582, Judge Achor stated in footnote 1: Finality of an adoption decree is necessary so that the established rules of intestate secession and succession may apply with certainty to adopted children. Furthermore, finality of such decrees is desirable in order to prevent the emotional strain which would otherwise be imposed upon both the adoptive child and parents, making it difficult for a normal parent-child relationship to develop. The High Court in Risner additionally went on to concur with In re Perry 83 Ind. App. 456 (Ind.App.1925) to state that the courts power over a decree of adoption is governed by the same rules of law as are all other judgments and decrees and is final. Id at 582. Applying the knowledge that a courts power over an adoption decree is governed by the same rules of law as are all other judgments, as well as the fact that adoption decrees are to be deemed final, it is necessary to examine how these laws apply to decrees of adoption from other states, often referred to as foreign judgments, or foreign adoption decrees.Article 4 Section 1 of the United States Constitution provides that:Full faith and credit should be given in each state to the public acts, records, and judicial proceedings of every other state 28 U.S.C.A. 1738 in pertinent part also provides that:

The records and judicial proceedings of any court of any such State,

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