§10-7505-4.1.

§10-7505-4.1.
   
   A. If a consent to adoption or permanent relinquishment for adoption
   has not been obtained from both parents of a minor who is the subject
   of a petition for adoption, and the rights of the nonconsenting parent
   or parents have not previously been terminated, the petitioner for
   adoption, a consenting parent, or a legal guardian or legal custodian
   of the minor to be adopted must file an application to the court
   stating the reason that the consent or relinquishment of the parent or
   parents is not necessary. In the alternative, if the nonconsenting
   parent is a putative father of a minor born out of wedlock, the
   petitioner for adoption, a consenting parent, or a legal guardian or
   legal custodian of the minor may file an application to terminate the
   parental rights of the putative father. The grounds for terminating a
   putative father pursuant to this section shall be identical to the
   grounds for permitting an adoption without the consent of a parent,
   pursuant to Section 7505-4.2 of this title.
   
   B. A hearing on an application for adoption without consent or an
   application to terminate parental rights cannot be combined with the
   hearing on the application for a final decree of adoption. For good
   cause shown, a hearing on the application for a final decree of
   adoption may be heard as early as the same day as a hearing on an
   application to terminate parental rights, without prejudice to the
   rights of any parties to appeal from the order terminating parental
   rights.
   
   C. 1. Prior to the hearing on the application to permit the adoption
   of the minor without the consent or relinquishment of a parent, or the
   application to terminate the rights of a putative father filed
   pursuant to this section, notice of the hearing on the application and
   a copy of the application shall be served upon the parent or putative
   father who is the subject of the application 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 parent, putative father,
   or if the father is unknown, the name of the child, date of birth of
   the child, the date of the hearing, and the ground or grounds for
   which application for adoption without consent or relinquishment or
   termination of parental rights is sought. The notice shall apprise the
   parent or putative father of the parent's legal rights and shall
   include a clear statement that failure to appear at the hearing shall
   constitute a denial of interest in the child, which denial may result,
   without further notice of this proceeding or any subsequent
   proceeding, in the granting of the application for adoption without
   consent or permanent relinquishment or in the termination of the
   putative father's parental rights and in the child's adoption.
   
   3. If the identity or whereabouts of a parent or putative father are
   unknown, the court must determine whether the parent or 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 consenting parent, legal
   guardian or legal custodian of the minor, 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 parent or putative father. The
   notice shall be published once pursuant to the laws relating to the
   service of notice by publication in the county in which the petition
   to adopt is filed, and the hearing shall not be held for at least
   fifteen (15) days after publication of the notice. When notice is
   given by publication, an order terminating parental rights shall not
   become final for a period of fifteen (15) days from the date of the
   order.
   
   4. A parent or putative father may waive such person's right to notice
   pursuant to this section. The waiver, signed by the parent or putative
   father, shall include a statement affirming that the person signing
   the waiver understands that the waiver shall constitute grounds for
   ordering adoption without consent of the parent or for the termination
   of the parental rights of a putative father pursuant to the provisions
   of this section and Section 7505-4.2 of this title. A putative father
   may waive his right to notice under 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.
   
   D. When a parent or 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's indigent defenders shall assume the duties of
   representation in such proceedings.
   
   E. At the hearing on an application to permit adoption without the
   consent or relinquishment of a parent, the court may determine whether
   the minor is eligible for adoption pursuant to Section 7505-4.2 of
   this title. At the hearing on an application to terminate the parental
   rights of a putative father, the court may, if it is in the best
   interests of the minor, determine that the consent of the putative
   father to the adoption of the minor is not required, and terminate any
   parental rights which the putative father may have, as provided in
   Section 7505-4.2 of this title.
   
   F. The court shall terminate the parental rights of a putative father
   if he fails to appear at the hearing on the application to terminate
   his parental rights or if he has waived notice pursuant to paragraph 4
   of subsection C of this section.
   
   G. A proceeding pursuant to this section for determination of
   necessity of parental consent or for termination of parental rights
   shall be heard by the court without a jury.
   
   H. 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 has established 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 C of
   this section.
   
   I. 1. a. An appeal may be taken from any final order, judgment, or
   decree terminating parental rights 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.
   
   b. An appeal from an order determining a child eligible for adoption
   which does not terminate parental rights may be taken in the same
   manner provided for appeals from the court as provided in this
   subsection. The failure of a parent to appeal from an order declaring
   a child eligible for adoption without consent of the parent which does
   not terminate parental rights shall not preclude such parent from
   asserting error in the order after the final decree is rendered.
   
   2. In an appeal concerning the termination of parental rights for
   purposes of adoption pursuant to this section or from an order
   determining a child eligible for adoption which does not terminate
   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 or order. 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.
   
   3. All appeals of cases concerning the termination of parental rights
   for purposes of adoption or an order determining a child eligible for
   adoption which does not terminate 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.
   
   4. 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. appellant'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. Any appeal when docketed should have priority over all cases
   pending on said docket. Adjudication of appeals and any other
   proceedings concerning the termination of parental rights or the
   determination that a child is eligible for adoption without consent
   which does not terminate parental rights pursuant to this section
   shall be expedited by the Supreme Court.
   
   K. 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.
   
   L. 1. The termination of parental rights 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 pursuant to this section shall not
   terminate the duty of either parent to support the minor child of such
   parent. The duty of the parent to support the minor child shall not be
   terminated until such time as a final decree of adoption has been
   entered.
   
   3. A determination that the consent to adoption is not required from
   the parent of a minor shall not, by itself, act to relieve such parent
   of the obligation to provide for the support of the minor as otherwise
   required by law. The duty of the parent to support the minor child
   shall not be terminated until such time as a final decree of adoption
   has been entered.