§ 3-404. Investigation and notice to unknown father

(a) It is important to the adoptee to have nonidentifying information, including health history, about his or her biological father, and for identifying information about him to be available upon the adoptee's majority. It is the policy of this title to make every reasonable effort to identify and notify the biological father of the adoptee. Inquiries as to the identity of the biological father shall be conducted in a way that preserves the dignity and legal rights of the woman who gave birth to the adoptee.

(b) If at any time in the proceeding it appears to the court that an unknown father who is entitled to notice may not have been given notice, the court shall determine whether he can be identified. The determination shall be based on evidence that includes inquiry of appropriate persons in an effort to identify him for the purpose of providing notice.

(c) If inquiry pursuant to subsection (b) of this section identifies any man who is entitled to notice under section 3-401 of this title, the court shall require notice of the proceeding to be given to him pursuant to section 3-403 of this title.

(d) If, in an inquiry pursuant to this section, the woman who gave birth to the minor adoptee fails to disclose the identity of a possible father or reveal his whereabouts, she shall be advised that the proceeding for adoption may be delayed or subject to challenge if a possible father is not given notice of the proceeding and that the lack of information about the father's medical and genetic history will be detrimental to the adoptee. (Added 1995, No. 161 (Adj. Sess.), § 1.)