15-11-243.3. Service upon biological father; objections; presumptions.

Unless he has surrendered all parental rights to his child, a summons shall be served in the same manner as set forth in Code Section 15-11-243.2 on the biological father:#

1. (1)

   Whose paternity has been established in a judicial proceeding to which the father was a party;#

2. (2)

   Whose identity is known to the petitioner or the petitioner’s attorney;#

3. (3)

   Who is a registrant on the putative father registry who has indicated possible paternity of the child named in the petition brought pursuant to this article;#

4. (4)

   Who is a registrant on the putative father registry who has indicated possible paternity of the child named in the petition brought pursuant to this article who was born to such child’s mother during a period beginning no more than two years immediately preceding such child’s date of birth; or#

5. (5)

   Who, if the court finds from the evidence, including, but not limited to, the affidavit of the mother of a child named in the petition brought pursuant to this article, has performed any of the following acts:#

   1. (A)

      Lived with such child;#

   2. (B)

      Contributed to such child’s support;#

   3. (C)

      Made any attempt to legitimate such child; or#

   4. (D)

      Provided support or medical care for such mother either during her pregnancy or during her hospitalization for the birth of such child.#

The notice shall advise the biological father that he will lose all rights to object to the appointment of a permanent guardian for the minor if he does not file an objection with the court within 14 days of the notice and file a petition to legitimate the minor within 30 days of the hearing on his objection. The notice shall include the name of the individual who will be the minor’s permanent guardian if the petition is granted.#

If the biological father files a timely objection to the petition, the court shall hear the objection and, if the biological father makes a request, shall continue the hearing for 30 days to allow the father to file a petition to legitimate the minor.#

If the biological father does not file a petition for legitimation within 30 days or files a petition that is subsequently dismissed for failure to prosecute or files a petition and the action is subsequently concluded without a court order declaring that he is the father of the minor, the biological father shall have no further rights to receive notice of or object to the appointment of a permanent guardian for the minor.#

If the identity of the biological father of the child for whom a permanent guardianship is sought is not known to the petitioner or the petitioner’s attorney and the biological father would not be entitled to notice in accordance with subsection (a) of Code Section 15-11-243.1, then it shall be rebuttably presumed that he is not entitled to notice of the proceedings. The court shall be authorized to require the mother to execute an affidavit supporting the presumption or show cause before the court if she refuses. Absent evidence rebutting the presumption, no further inquiry or notice shall be required by the court, and the biological father shall have no further rights to receive notice of or object to the appointment of a permanent guardian for the minor.#