§ 26-10C-1 — Registration of Putative Fathers; Notice of Intent to Claim Paternity; Release of Information

(a) The State Department of Human Resources shall establish a putative father registry which shall record the names, Social Security number, date of birth, and addresses of the following:
(1) Any individual adjudicated by a court of this state to be the father of a child born out of wedlock.
(2) Any individual who has filed with the registry before or after the birth of a child born out of wedlock a notice of intent to claim paternity of the child which includes the information required in subsection (c).
(3) Any individual adjudicated by a court of another state or territory of the United States to be the father of a child born out of wedlock, where a certified copy of the court order has been filed with the registry by the individual or any other individual.
(4) Any individual who has filed with the registry an instrument acknowledging paternity pursuant to Chapter 11.
(b) The clerk of the court that determines a man to be the father of a child born out of wedlock shall immediately notify the State Department of Human Resources of the determination of paternity and include therein the information required under subsection (c).
(c)(1) An individual filing a notice of intent to claim paternity of a child or an acknowledgment of paternity shall include all of the following:
a. The father’s name, Social Security number, date of birth, and current address.
b. The mother’s name, including all other names known to the putative father which have been used by the mother, Social Security number, date of birth, and address, if known.
c. The father’s current income and financial information by attaching a child support obligation income statement/affidavit form to be prescribed by rules of the department.
d. The child’s name and place of birth, if known.
e. The possible date or dates of sexual intercourse.
(2) The individual filing shall notify the registry of any change of address pursuant to the procedures prescribed by rule of the state department. The registration shall be on a form prescribed by the state department and signed by the putative father and notarized.
(3) The putative father may file his notice of intent to claim paternity prior to the birth of the child.
(d) An individual who has filed a notice of intent to claim paternity may at any time revoke a notice of intent to claim paternity previously filed. Upon receipt of the notification by the registry, the revoked notice of intent to claim paternity shall be deemed a nullity nunc pro tunc.
(e) An unrevoked notice of intent to claim paternity of a child may be introduced in evidence by any party, other than the individual who filed the notice, in any proceeding in which the fact may be relevant.
(f) The State Department of Human Resources shall, upon request, provide the names and addresses of individuals listed with the registry to any court. The information may not be divulged to any other person except upon order of a court for good cause shown. Immediately after receiving notice pursuant to Section 26-10E-17 of the pendency of any adoption proceeding wherein the proposed adoptee is a child born within 300 days of the date of any sexual intercourse listed in the registry and to the same biological mother listed in the registry, the State Department of Human Resources shall send a copy of the notice of intent to claim paternity to the court handling the adoption. When the court handling the adoption receives the notice of the intent to claim paternity, that court shall forthwith give notice of the pendency of the adoption proceeding to the putative father listed in the notice of intent to claim paternity and at the address therein listed, and additionally notify the biological mother that the putative father has registered in conformity with the putative father registry.
(g) The State Department of Human Resources shall create a form titled “Notice of Intent to Claim Paternity” to be used when an individual files notice of intent to claim paternity. The form shall include the information required under subsection (c), the name of the mother who has given birth or may give birth to a child born out of wedlock, and the possible date or dates of sexual intercourse.
(h) The registry, except as provided by subsection (f), shall be kept confidential and not open for public inspection.
(i)(1) Any individual who claims to be the natural father of a child and fails to file his notice of intent to claim paternity pursuant to subsection (a) prior to or within 30 days of the birth of a child born out of wedlock shall be deemed to have given an irrevocable implied consent in any adoption proceeding.
(2) This subsection shall be the exclusive procedure available for any individual who claims to be the natural father of a child born out of wedlock on or after January 1, 1997, to entitle that individual to notice of and the opportunity to contest any adoption proceeding filed and pending on or after January 1, 1997.
(j)(1) An individual who knowingly or intentionally registers false information under this section commits a Class A misdemeanor.
(2) An individual who knowingly or intentionally releases confidential information in violation of this section commits a Class A misdemeanor. However, it is a defense under this subsection if the State Department of Human Resources releases confidential information while acting:
a. In good faith; and
b. With reasonable diligence.

Legislative History

(Acts 1996, No. 96-537, p. 751, §1; Act 2002-417, p. 1061, §1; Act 2025-407, §1.)