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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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