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§10-7503-3.1.


§10-7503-3.1.
   
   A. 1. Before or after the birth of a minor born out of wedlock, the
   Department of Human Services, a licensed child-placing agency, or an
   attorney representing prospective adoptive parents of the minor may,
   by in-hand service to the putative father or certified mail to the
   putative father, to be signed by the putative father only, notify or
   cause to be notified a putative father of the minor that the mother of
   the child is considering an adoptive placement for the minor through a
   Notice of Plan for Adoption. If service of the Notice of Plan for
   Adoption is made by in-hand service, delivery of the Notice must be
   made by a person licensed to make service of process in civil cases.
   Residence service delivered to or signed by a person residing in the
   home of the putative father or any other forms of substitute service
   shall not be sufficient service pursuant to this subsection.
   
   2. Service of a Notice of Plan for Adoption may be served in the
   manner permitted in this subsection upon a putative father within this
   state or outside of this state.
   
   B. The Notice of Plan for Adoption shall include the following:
   
   1. The identity of the mother, that she is pregnant and the estimated
   date of birth, that the notified person may be the father of the
   minor, and that a plan for the adoption of the minor is being
   considered by the mother;
   
   2. A preaddressed form for filing by mail or in person with the
   Paternity Registry of the Department of Human Services and a copy to
   be returned to the attorney or agency who sent it. On this form, the
   recipient shall sign the form and indicate one of the following
   choices:
   
   a. "I do not know if I am the father of this minor. I desire to
   receive notice of the adoption proceedings or the proceeding to
   terminate parental rights. I understand that this creates no evidence
   that could be introduced in court to prove paternity. Its only legal
   effect is to entitle me to notice, at the address listed on the form,
   of an adoption proceeding that may be filed after the birth of the
   minor."
   
   b. "I hereby file my notice of intent to claim paternity. I understand
   that a notice of intent to claim paternity may be revoked at any time
   by filing a notice to disclaim with the Paternity Registry of the
   Department of Human Services. I also understand that an unrevoked
   notice of intent to claim paternity may be used as evidence in any
   future court proceeding in which it may be relevant, including a child
   support proceeding. I desire to receive notice of the adoption
   proceeding or the proceeding to terminate parental rights."
   
   c. "I acknowledge paternity. I understand that this acknowledgement of
   paternity cannot be revoked and may be used as evidence in any future
   court proceeding in which it may be relevant, including a child
   support proceeding. I desire to receive notice of the adoption
   proceeding or the proceeding to terminate parental rights."
   
   d. "I deny paternity. I am not the father of the minor and I do not
   want to receive notice of any adoption proceeding, or proceeding to
   terminate my parental rights regarding the minor. I understand that I
   am waiving and surrendering any parental rights in relation to the
   minor in connection with the adoption of the minor. I understand that
   my consent to the adoption will not be required."
   
   e. "I may or may not be the father of the minor. I do not want to
   receive notice of any adoption proceeding, or proceeding to terminate
   my parental rights regarding the minor. I understand that I am waiving
   and surrendering any parental rights in relation to the minor in
   connection with the adoption of the minor. I understand that my
   consent to the adoption will not be required."
   
   3. In addition, the Notice of Plan for Adoption shall inform the
   putative father that:
   
   a. if the form is not received by the Department of Human Services or
   the attorney or child-placing agency sending it within thirty (30)
   days from the date that the Notice of Plan for Adoption is served, the
   failure to file the form shall constitute:
   
   (1) a waiver of the right to receive further notice of any adoption
   proceedings or proceedings to terminate parental rights, if any, that
   may be filed regarding the minor,
   
   (2) a denial of interest in the minor, which denial shall result in
   the court's termination of the notified party's parental rights to the
   minor and approval of an adoption without his consent if an adoption
   proceeding is filed regarding the minor and the adoption is approved
   by the court,
   
   b. if the form is received by the Paternity Registry of the Department
   of Human Services or the attorney or child-placing agency sending it
   within thirty (30) days of the date of service of the Notice of Plan
   for Adoption, and it indicates that any of the options specified in
   subparagraphs a, b and c of paragraph 2 of this subsection have been
   chosen, the notified person shall have a right to receive notice of
   any adoption proceedings or any termination of parental rights
   proceedings that may be filed regarding the minor, at the address
   given by the putative father on the form, or at an address later
   provided to the Paternity Registry of the Department of Human
   Services. The return of the form to the Paternity Registry of the
   Department of Human Services or the attorney or child-placing agency
   sending the form is the only action by which the notified person will
   retain the right, if any, to notice of adoption or termination of
   parental rights proceedings regarding the minor,
   
   c. the filing of the enclosed form shall not, by itself, constitute
   the bearing of parental responsibilities, and shall not, by itself,
   establish parental rights,
   
   d. the filing of the enclosed form or the failure to file the enclosed
   form shall not affect the duty to support the mother or child during
   the pregnancy or after the delivery of the minor,
   
   e. if a petition to adopt the minor is not filed within twelve (12)
   months of the placement of the minor for adoption, failure to mail the
   enclosed notice form shall not affect the notified person's parental
   rights and responsibilities,
   
   f. the failure to give such notice shall not be grounds available to
   the father to establish that he was denied knowledge of the pregnancy,
   and
   
   g. receipt by a putative father of a Notice of Plan for Adoption or
   return of the form does not obligate the mother of the minor to
   proceed with an adoptive placement of the minor.
   
   C. If the form is not received by the Paternity Registry of the
   Department of Human Services, the attorney or child-placing agency
   within thirty (30) days from the date that the Notice of Plan for
   Adoption is served, the failure to file the form shall constitute:
   
   1. A waiver of the right to receive further notice of any adoption
   proceedings or proceedings to terminate parental rights, if any, that
   may be filed regarding the minor; and
   
   2. A denial of interest in the minor, which denial shall result in the
   court's termination of the notified party's parental rights to this
   minor and approval of an adoption without his consent if an adoption
   proceeding is filed regarding this minor and the adoption is approved
   by the court.
   
   D. If the form is received by the Paternity Registry of the Department
   of Human Services, or the attorney or child-placing agency within
   thirty (30) days of the date of service of the Notice of Plan for
   Adoption, and it indicates that any of the options specified in
   subparagraphs a, b and c of paragraph 2 of subsection B of this
   section have been chosen, the putative father shall have a right to
   receive notice of any adoption proceedings or any termination of
   parental rights proceedings that may be filed regarding the minor, at
   the address of the putative father given on the form, or at an address
   later provided to the Paternity Registry of the Department of Human
   Services. The return of the form to the Paternity Registry of the
   Department of Human Services, or the attorney or child-placing agency
   sending the form within thirty (30) days is the only action by which
   the notified person will retain the right, if any, to notice of
   adoption or termination of parental rights proceedings regarding the
   minor.
   
   E. The filing of the enclosed form shall not, by itself, constitute
   the bearing of parental responsibilities, and shall not, by itself,
   establish parental rights.
   
   F. The filing of the enclosed form or the failure to file the enclosed
   form shall not affect the duty to support the mother or minor during
   the pregnancy or after the delivery of the minor.
   
   G. If a petition to adopt the minor has not been filed within twelve
   (12) months of placement of the minor for adoption, failure to mail
   the enclosed notice form shall not affect the notified person's
   parental rights and responsibilities.
   
   H. The failure to give such notice shall not be grounds available to
   the father to establish that he was denied knowledge of the pregnancy.
   
   I. Receipt by a putative father of a Notice of Plan for Adoption or
   return of the form does not obligate the mother of the minor to
   proceed with an adoptive placement of the minor.
   

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