15-11-283. Notice to father.

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 15-11-282 on the biological father:#

1. (1)

   Whose paternity has been previously 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 and has acknowledged 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 that 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 who is not the legal father that he may lose all rights to the child named in a petition brought pursuant to this article and will not be entitled to object to the termination of his rights to such child unless, within 30 days of receipt of notice, he files:#

1. (1)

   A petition to legitimate such child; and#

2. (2)

   Notice of the filing of the petition to legitimate with the court in which the termination of parental rights proceeding is pending.#

If the identity of the biological father whose rights are sought to be terminated 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 this Code section, 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 court may enter an order terminating the rights of the biological father.#

The court may enter an order terminating all the parental rights of a biological father, including any right to object thereafter to such proceedings:#

1. (1)

   Who fails to file a timely petition to legitimate the child named in a petition brought pursuant to this article and notice in accordance with subsection (b) of this Code section;#

2. (2)

   Whose petition to legitimate is subsequently dismissed for failure to prosecute; or#

3. (3)

   Whose petition to legitimate does not result in a court order finding that he is the legal father of the child named in a petition brought pursuant to this article.#