2006 Code of Virginia § 63.2-1250 - (Effective July 1, 2007) Registration; notice; form

63.2-1250. (Effective July 1, 2007) Registration; notice; form.

A. Except as otherwise provided in subsection C, a man who desires to benotified of a proceeding for adoption of, or termination of parental rightsregarding, a child that he may have fathered shall register with the PutativeFather Registry before the birth of the child or within 10 days after thebirth. A registrant shall promptly notify the registry of any change in theinformation registered including but not limited to change of address. TheDepartment shall incorporate all new information received into its recordsbut is not required to obtain current information for incorporation in theregistry.

B. A man will not prejudice any rights by failing to register if:

1. A father-child relationship between the man and the child has beenestablished pursuant to 20-49.1, 20-49.8, or if the man is a presumedfather as defined in 63.2-1202; or

2. The man commences a proceeding to adjudicate his paternity before apetition to accept consent or waive adoption consent is filed in the juvenileand domestic relations district court, or a petition for adoption or apetition for the termination of his parental rights is filed with the court.

C. Failure to register pursuant to subsection A shall waive all rights of aman who is not an acknowledged, presumed, or adjudicated father to withholdconsent to an adoption proceeding unless the man was led to believe throughthe birth mother's fraud that (i) the pregnancy was terminated or the mothermiscarried when in fact the baby was born, or (ii) that the child died whenin fact the child is alive. Upon the discovery of the fraud the man shallregister with the Putative Father Registry within 10 days.

D. The child-placing agency or adoptive parent(s) shall give notice of aproceeding for the adoption of, or termination of parental rights regarding,a child to a registrant who has timely registered pursuant to subsection A.Notice shall be given pursuant to the requirements of this chapter or 16.1-277.01 for the appropriate adoption proceeding.

E. Any man who has engaged in sexual intercourse with a woman is deemed to beon legal notice that a child may be conceived and the man is entitled to alllegal rights and obligations resulting therefrom. Lack of knowledge of thepregnancy does not excuse failure to timely register except when the identityof such man is reasonably ascertainable. In such event, written notice of theexistence of an adoption plan and the availability of registration with thePutative Father Registry shall be provided to the man's last known address.The man shall have no more than 10 days from the date of such mailing toregister. The mailing may be done either prior to or after the birth of thechild.

F. The Department shall prepare a form for registering with the agency thatshall require (i) the registrant's name, date of birth and social securitynumber; (ii) the registrant's driver's license number and state of issuance;(iii) the registrant's home address, telephone number and employer; (iv)name, date of birth, ethnicity, address and telephone number of the putativemother, if known; (v) state of conception; (vi) place and date of birth ofthe child, if known; and (vii) name and gender of the child, if known.

G. The form shall also state that (i) timely registration entitles theregistrant to notice of a proceeding for adoption of the child or terminationof the registrant's parental rights, (ii) registration does not commence aproceeding to establish paternity, (iii) the information disclosed on theform may be used against the registrant to establish paternity, (iv) servicesto assist in establishing paternity are available to the registrant throughthe Department, (v) the registrant should also register in another state ifconception or birth of the child occurred in another state, (vi) informationon registries of other states may be available from the Department, (vii)that the form is signed under penalty of perjury, and (viii) procedures existto rescind the registration of a claim of paternity.

(2006, c. 825.)