40-6-126. Notice of intent to claim paternity. (1) Before the birth of a child born out of wedlock, a person claiming under oath to be the father of the child may file a verified notice of intent to claim paternity with the district court in any county of this state. The form of the notice must be prescribed by the director of the department of public health and human services and supplied to the clerks of the district courts. The notice must include the claimant's address. On the next business day after receipt of the notice, the court shall transmit the notice to the records and statistics bureau of the department of public health and human services. If the mother's address is stated on the notice, the records and statistics bureau shall send a copy of the notice by first-class mail to the mother of the child at the stated address.
     (2) A person filing a notice of intent to claim paternity or acknowledging paternity in accordance with 40-6-105 is presumed to be the father of the child for purposes of this part unless the mother denies that the claimant is the father. The notice is admissible in a paternity proceeding under 40-6-107 and creates a rebuttable presumption as to the paternity of that child for purposes of that section. The notice creates a rebuttable presumption as to paternity of the child for purposes of a neglect proceeding under Title 41, chapter 3.
     (3) A person who makes a timely filing of notice of intent to claim paternity or who formally acknowledges paternity under 40-6-105 is entitled to notice of any hearing to determine the identity of the father of the child and any hearing to determine or terminate the person's paternal rights to the child.

     History: En. 61-330 by Sec. 3, Ch. 422, L. 1977; R.C.M. 1947, 61-330; amd. Sec. 83, Ch. 418, L. 1995; amd. Sec. 4, Ch. 458, L. 1995; amd. Sec. 149, Ch. 546, L. 1995.