8-106.01. Putative fathers registry; claim of paternity; adoptive interest

A. A person who is seeking paternity, who wants to receive notice of adoption proceedings and who is the father or claims to be the father of a child shall file notice of a claim of paternity and of his willingness and intent to support the child to the best of his ability with the state registrar of vital statistics in the department of health services. The department of health services shall provide forms for the purpose of filing the notice of a claim of paternity. Forms shall be made available in the department of health services, the office of the clerk of the board of supervisors in each county, every hospital, every licensed child placement agency, the department of economic security, the department of child safety, sheriff's offices, jails, prisons, state department of corrections facilities and department of juvenile corrections facilities.

B. The notice of a claim of paternity may be filed before the birth of the child but shall be filed within thirty days after the birth of the child. The notice of a claim of paternity shall be signed by the putative father and shall include his name and address, the name and last known address of the birth mother and either the birth date of the child or the probable month and year of the expected birth of the child. The putative father who files a notice of a claim of paternity under this section shall notify the registrar of vital statistics of any change of his address. The department of health services shall maintain a confidential registry for this purpose. The department shall only respond to written inquiries of the confidential registry that are received from the court, the division, a licensed adoption agency or a licensed attorney participating or assisting in a direct placement adoption. The department shall provide a certificate signed by the state registrar of vital statistics stating that a diligent search has been made of the registry of notices of claims of paternity from putative fathers listing all filings found or stating that no filing has been found pertaining to the father of the child in question.

C. If the court determines the claimant is not the child's father it shall notify the department of health services and shall order the department to remove that person's name from the putative fathers registry.

D. If the mother denies that the putative father filing the notice of a claim of paternity is the father, the department of health services shall notify the putative father of his responsibility to establish paternity.

E. A putative father who does not file a notice of a claim of paternity as required under this section waives his right to be notified of any judicial hearing regarding the child's adoption and his consent to the adoption is not required, unless he proves, by clear and convincing evidence, both of the following:

1. It was not possible for him to file a notice of a claim of paternity within the period of time specified in subsection B of this section.

2. He filed a notice of a claim of paternity within thirty days after it became possible for him to file.

F. Lack of knowledge of the pregnancy is not an acceptable reason for failure to file. The fact that the putative father had sexual intercourse with the mother is deemed to be notice to the putative father of the pregnancy.

G. When a certificate provided pursuant to subsection B of this section is received by the court, the division, a licensed adoption agency or a licensed attorney participating or assisting in a direct placement adoption from the department that lists filings of a putative father or fathers, the putative father or fathers who filed timely notices of claims of paternity and who have not previously been served shall be served with the notice prescribed in section 8-106, subsection G. A putative father who fails to file a paternity action pursuant to title 25, chapter 6, article 1 within thirty days of completion of service of the notice prescribed in section 8-106 is barred from bringing or maintaining any action to assert any interest in the child.

H. If in any adoption proceeding there is not a showing that a putative father has consented to the adoption or has waived his rights regarding the proposed adoption, the petitioner shall file with the court, before the court enters a final decree of adoption, a certificate from the department of health services signed by the state registrar of vital statistics stating that a diligent search has been made of the registry of notices of claims of paternity from putative fathers and that no filing has been found pertaining to the father of the child in question.