42-2-217.
(a) a representative of the department;
(b) a representative of an agency when the agency is or may be arranging an adoption;
(c) a prospective adoptive parent or an attorney representing a prospective adoptive parent in a direct parental placement adoption who has the notarized consent of the birth mother; or
(d) any woman who is the subject of a registration.
(2) When a petition to terminate parental rights for purposes of an adoption is filed, the petitioner shall:
(a) request that the department search the registry at least 1 day after the expiration of the period specified under 42-2-206; and
(b) file an affidavit prepared by the department in response to a request under subsection (2)(a) with the court presiding over the termination of parental rights proceeding under 42-2-603. The affidavit must meet the requirements of subsections (4) and (5).
(3) A request for information about a registration from the department must be in writing.
(4) Not later than 5 days after receiving a request under subsection (2)(a), the department shall submit an affidavit to the requestor verifying whether a putative father has registered within the period allowed under 42-2-206 in relation to a mother whose child or expected child is the subject of the termination proceeding.
(5) Whenever the department finds that one or more putative fathers are registered, the department shall:
(a) submit a copy of each registration form with the department's affidavit; and
(b) include in the affidavit the date that the department representative, agency, or attorney submitted the request for the search.
(6) A court may not issue an order terminating parental rights unless the department's affidavit under subsection (5) is filed with the court.
History: En. Sec. 31, Ch. 480, L. 1997.
