TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 15

ADOPTION OF CHILDREN

16-1513. CLAIM OF PATERNITY.

(1) A person who is the father or claims to be the father of a child born out-of-wedlock may claim rights pertaining to his paternity of the child by registering with the vital statistics unit of the department of health and welfare, a notice of his claim of paternity to the child born out-of-wedlock and his willingness and intent to support the child to the best of his ability. The vital statistics unit of the department of health and welfare shall provide forms for the purpose of registering the notice, and the forms shall be made available through the vital statistics unit of the Idaho department of health and welfare and in the office of the county clerk in every county of this state. When making a claim of paternity, a person who is the father or claims to be the father of a child born out-of-wedlock, shall mail to the vital statistics unit of the department of health and welfare, the completed form prescribed by the vital statistics unit of the department of health and welfare. Said form will be filled out completely, signed by the person claiming paternity, and witnessed before a notary public.

(2) The claim of paternity may be registered prior to the birth of the child, but must be registered prior to the date of any termination proceeding, or proceeding wherein the child is placed with an agency licensed to provide adoption services. The claim of paternity shall be signed by the registrant and shall include his name and address, the name and last address of the mother, and either the birthdate of the child or the probable month and year of the expected birth of the child. The vital statistics unit of the department of health and welfare shall maintain a registry for this purpose which shall be subject to disclosure according to chapter 3, title 9, Idaho Code.

(3) Any father of such child who fails to file and register his notice of claim to paternity and willingness to assume responsibility for the child shall be barred from thereafter bringing or maintaining any action to establish his paternity of the child. Failure of such filing or registration shall constitute an abandonment of said child and shall be prima facie evidence of sufficient grounds to support termination of such father's parental rights in accordance with section 16-2005, Idaho Code, and to adoption for the purposes of section 16-1504, Idaho Code. The filing and registering of a notice of claim to paternity and willingness to assume responsibility for the child by a putative father shall also constitute prima facie evidence of the fact of his paternity in any contested proceeding under chapter 11, title 7, Idaho Code, but shall not be a bar to an action for termination of his parental rights under chapter 20, title 16, Idaho Code. The filing of an action under chapter 11, title 7, Idaho Code, by such putative father at any time prior to the date scheduled for hearing of a petition for termination of his parental rights, as shown in the notice thereof duly served upon such putative father pursuant to section 16-2007, Idaho Code, shall constitute an automatic stay of such termination proceeding until a final order of the court has been entered in the paternity action. If the court in the paternity action establishes the paternity of such putative father, the court in the termination proceeding may dismiss the termination proceeding. If the court in the paternity action does not establish the paternity of such putative father, or if such putative father fails to commence a paternity action in the manner set forth in section 7-1111, Idaho Code, and to request, but at his own expense, the blood tests provided for in section 7-1116, Idaho Code, prior to the date set for the hearing on the petition for termination of parental rights, he shall be barred from thereafter bringing or maintaining any action to establish his paternity of the child and such failure shall also constitute an abandonment of the child and shall be prima facie evidence of sufficient grounds to support and shall constitute an implied consent to termination of such father's parental rights in accordance with section 16-2005, Idaho Code, and to adoption for the purposes of section 16-1504, Idaho Code.

(4) The department of health and welfare, division of family and children's services, private adoption agencies or attorneys and/or their representatives involved in adoptions shall notify all putative fathers by personal service at least ten (10) days prior to the date of any termination proceeding or proceeding wherein the child is placed with an agency licensed to provide adoption services, of their need to register their intent to support and exercise their rights and responsibilities toward the child born out-of-wedlock, whether born or unborn.

(5) If personal service cannot be obtained, then service by publication, notifying the father of the requirement to register his claim of paternity with the vital statistics unit of the department of health and welfare prior to the date of any termination proceeding or proceeding wherein the child is placed with an agency licensed to provide adoption services, shall be sufficient. Service by publication shall include sending of notice by registered or certified mail to the last known address of the person to be notified and publication of the notice once a week for three (3) successive weeks in a newspaper of general circulation within the county where the court is located. Notification by publication must be completed at least ten (10) days prior to any termination proceeding, or proceeding wherein the child is placed with an agency licensed to provide adoption services.

(6) Notice of the requirement to register, as provided in this section, may be combined with a notice of termination of parental rights, as provided in chapter 20, title 16, Idaho Code.

(7) In any termination proceeding pertaining to a child born out-of-wedlock, if there is no showing that the putative father has consented to termination prior to the granting of a decree allowing the termination, a certificate shall be obtained from the vital statistics unit of the department of health and welfare, signed by the state registrar of vital statistics, which certificate shall state that a diligent search has been made of the registry of notices from putative fathers, of a child born out-of-wedlock, and that the putative father involved is not registered.

(8) Identities of putative fathers can only be released pursuant to procedures contained in chapter 3, title 9, Idaho Code.

(9) To cover the cost of implementing and maintaining said registry, the vital statistics unit of the department of health and welfare shall charge a registration fee of ten dollars ($10.00) at the time the putative father registers his intent to exercise his parental rights. It is the intent of the legislature that the fee shall cover all direct and indirect costs incurred pursuant to this section. The board of health and welfare shall annually review the fees and expenses incurred pursuant to administering the provisions of this section.

(10) Consistent with its authority denoted in the vital statistics act, section 39-242(c), Idaho Code, the board of health and welfare shall adopt, amend and repeal regulations for the purpose of carrying out the provisions of this section.

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POLICY AND PRACTICE

putative father registries | open records and voluntary ragistries | state registries