1.__Age of child.__The child has not attained one year of age at the time of the termination of parental rights;

2.__Timely registration.__The man did not register timely with the State Registrar of Vital Statistics; and

3.__Not exempt.__The man is not exempt from registration under section 1872.

Comment

(This is section 404 of the UPA.)

This section is the obverse logical conclusion to the legal rationale for establishing a paternity registry. In an infant adoption or termination of the genetic father's parental rights, the registry provides a clear procedure for determining that a man does not intend to assert parental rights with regard to the infant. Although the registry protects a man's right to notice in a termination or adoption proceeding, his failure to register waives those rights. Thus, the registry is both a first step towards claiming parental rights and a means for terminating the rights of those men who do not register. If a man fails to register with the paternity registry, a termination and adoption may proceed without fear of a belated claim, most particularly a claim coming after adoptive parents have received custody of the infant. This expedited procedure greatly facilitates infant adoption, which in truth explains the existence--and popularity-- of the registries with a majority of state legislatures.

§1875.__Termination of parental rights: child at least one year

of age

1.__Age of child.__If a child has attained one year of age, notice of a proceeding for adoption of, or termination of parental rights regarding, the child must be given to every alleged father of the child, whether or not he has registered with the State Registrar of Vital Statistics.

2.__Manner of notice.__Notice must be given in a manner prescribed for service of process in a civil action.

Comment

(This is section 405 of the UPA.)