§10-7505-2.1.

§10-7505-2.1.
   
   A. 1. Prior to the filing of a petition for adoption, an agency,
   attorney, or prospective adoptive parent to whom a mother has
   permanently relinquished a minor born out of wedlock may file a
   petition for the termination of the parental rights of a putative
   father of the child. The petition shall be filed with the district
   court of the county in which the relinquishment was executed or in the
   county in which the putative father, the petitioner, or the minor
   resides at the time of the filing of the petition.
   
   2. The affidavit of expenses required by subsection A of Section
   7505-3.2 of this title is not required to be attached to a petition
   filed pursuant to this section, nor must it be filed prior to issuance
   of an order terminating parental rights entered in a proceeding
   brought under this section.
   
   B. 1. Notice of the hearing on the petition to terminate parental
   rights and a copy of the petition shall be served upon the putative
   father in the same manner as summons is served in civil cases, not
   less than fifteen (15) days prior to the hearing.
   
   2. The notice shall contain the name of the putative father, or if
   unknown, the name of the minor, the date of birth of the minor, the
   date of the hearing, and the ground or grounds for which termination
   of parental rights is sought. The notice shall apprise the putative
   father of his legal rights and shall include a clear statement that
   failure to appear at the hearing shall constitute a denial of interest
   in the minor which denial may result, without further notice of this
   proceeding or any subsequent proceeding, in the termination of his
   parental rights and the transfer of the minor's care, custody or
   guardianship or in the minor's adoption.
   
   3. If the identity or whereabouts of a putative father is unknown, the
   court must determine whether the putative father can be identified or
   located. Following an inquiry pursuant to Section 7505-4.3 of this
   title, if the court finds that the identity or whereabouts of the
   putative father cannot be ascertained, and this fact is attested to by
   affidavit of the permanently relinquishing mother or the legal
   custodian or guardian of the child, it shall order that notice be
   given by publication and, if the identity is known, that a copy be
   mailed to the last-known address of the putative father. The notice
   shall be published once pursuant to the laws relating to service of
   notice by publication, in the county in which the action to terminate
   parental rights is brought, and the hearing shall not be held for at
   least fifteen (15) days after publication of the notice. When notice
   is given by publication, the order terminating parental rights shall
   not become final for a period of fifteen (15) days from the date of
   the order.
   
   4. A putative father may waive his right to notice pursuant to this
   section. The waiver signed by the putative father shall include a
   statement affirming that the putative father signing the waiver
   understands that the waiver shall constitute grounds for the
   termination of the parental rights of such putative father pursuant to
   the provisions of this section and Section 7505-4.2 of this title. A
   putative father may also waive his right to notice pursuant to this
   section, by signing an extrajudicial consent pursuant to Section
   7503-2.6 of this title, or by waiving notice on a form filed with the
   Paternity Registry of the Department of Human Services, or by failing
   to register with the Paternity Registry of the Department of Human
   Services after receiving a Notice of Plan for Adoption pursuant to
   Section 7503-3.1 of this title.
   
   C. When a putative father appears at the hearing and desires counsel
   but is indigent and cannot for that reason employ counsel, the court
   shall appoint counsel. In all counties having county indigent
   defenders, the county indigent defenders shall assume the duties of
   the representation in such proceedings.
   
   D. At the hearing on the petition to terminate parental rights brought
   pursuant to this section, the court may, if it is in the best interest
   of the minor:
   
   1. Accept a permanent relinquishment or consent to adoption executed
   by the putative father of the minor pursuant to Sections 7503-2.1,
   7503-2.3 and 7503-2.4 of this title; or
   
   2. Terminate any parental rights which the putative father may have
   upon any of the grounds provided in Section 7505-4.2 of this title for
   declaring a consent unnecessary.
   
   E. 1. If the court at the hearing determines that the putative father
   is the biological father of the minor, that the adoption requires the
   consent of the putative father, that the putative father will not
   consent, and the court does not terminate the parental rights of the
   putative father, then the court shall schedule a separate hearing to
   issue an appropriate order for the legal and physical custody of the
   minor according to the best interests of the minor, if the court has
   jurisdiction to issue a custody order. Provided, no such hearing shall
   be scheduled if a preexisting custody order remains in effect.
   
   2. The court shall certify that the child-placing agency or the
   attorney who filed the petition to terminate parental rights, the
   putative father, and any prospective adoptive parents have received
   notice of the date of the custody hearing at least fifteen (15) days
   prior to the date of the hearing. A biological mother who has signed a
   consent or permanent relinquishment must be served with notice of the
   date of the custody hearing, by the party who filed the petition for
   termination, in the same manner as summons is served in civil cases at
   least fifteen (15) days prior to the date of the hearing.
   
   3. Upon motion to intervene, the court shall join any person or entity
   entitled to notice under paragraph 2 of this subsection who is not
   already a party to the proceeding.
   
   4. At the hearing, the court may award custody to the biological
   mother, the biological father, the biological parents, if they are
   married, the prospective adoptive parent, or the Department of Human
   Services or other licensed child-placing agency, if the Department or
   agency had legal custody when the petition was filed, according to
   Section 21.1 of this title, in the best interests of the child.
   
   5. The child shall be represented at this hearing by an attorney
   pursuant to Section 7505-1.2 of this title.
   
   F. The court shall terminate the rights of a putative father if he
   fails to appear at the hearing on the petition to terminate his
   parental rights or if he has waived notice pursuant to paragraph 4 of
   subsection B of this section.
   
   G. No order of the court shall be vacated, set aside, or annulled upon
   the application of any person who was properly served with notice in
   accordance with this section but failed to appear unless the applicant
   can establish by clear and convincing evidence that such failure to
   appear was due to unavoidable circumstances. Such application must be
   filed within ten (10) days of the date of the hearing at which the
   applicant failed to appear. No order of the court shall be vacated,
   set aside, or annulled upon the application of any person who waived
   notice pursuant to paragraph 4 of subsection B of this section.
   
   H. A proceeding pursuant to this section for termination of parental
   rights shall be heard by the court without a jury.
   
   I. An appeal may be taken from any final order, judgment, or decree
   rendered pursuant to this section to the Supreme Court by any person
   aggrieved thereby, in the manner provided for appeals from the court
   as provided in this subsection.
   
   1. In an appeal concerning the termination of parental rights pursuant
   to this section, the appellant's designation of record shall be filed
   in the trial court within ten (10) days after the date of the
   judgment. Appellee's counter designation of record shall be filed in
   the trial court ten (10) days after appellant's designation of record
   is filed in the trial court.
   
   2. All appeals of cases concerning the termination of parental rights
   pursuant to this section shall be initiated by filing a petition in
   error in the Supreme Court within thirty (30) days of the filing of
   the order, judgment, or decree appealed from. The record on appeal
   shall be completed within thirty (30) days from the filing of the
   petition in error. Any response to the petition in error shall be
   filed within twenty (20) days from the filing of the petition in
   error.
   
   3. The briefing schedule is established as follows:
   
   a. appellant's brief in chief shall be filed twenty (20) days after
   the trial court clerk notifies all parties that the record is complete
   and such notice has been filed in the office of the Clerk of the
   Supreme Court,
   
   b. appellee's answer brief shall be filed fifteen (15) days after the
   appellant's brief in chief is filed, and
   
   c. appellant's reply brief may be filed within ten (10) days after the
   appellee's answer brief is filed.
   
   J. The pendency of an appeal shall not suspend the order of the
   district court regarding a minor, nor shall it remove the minor from
   the custody of that court or of the person, institution, or agency to
   whose care such minor has been committed, unless the Supreme Court
   shall so order.
   
   K. Any appeal when docketed should have priority over all cases
   pending on said docket. Adjudication of the appeals and in any other
   proceedings concerning the relinquishment of the child or the
   termination of parental rights pursuant to this section shall be
   expedited by the Supreme Court.
   
   L. 1. The preadoption termination of parental rights pursuant to this
   section terminates the parent-child relationship, including the
   parent's right to the custody of the child and the parent's right to
   visit the child, the parent's right to control the child's training
   and education, the necessity for the parent to consent to the adoption
   of the child, the parent's right to the earnings of the child, and the
   parent's right to inherit from or through the child. Provided, that
   this subsection shall not in any way affect the right of the child to
   inherit from the parent.
   
   2. Termination of parental rights shall not terminate the duty of the
   putative father whose rights have been terminated to support the child
   unless the court determines he is not the biological father. The duty
   of a putative father to support his minor child shall not be
   terminated until such time as a final decree of adoption has been
   entered.