Termination of parental rights of father when child becomes subject of adoption.
1. If a mother relinquishes or proposes to relinquish for adoption a child who has:
(a) A presumed father under subsection 1 of NRS 126.051;
(b) A father whose relationship to the child has been determined by a court; or
(c) A father as to whom the child is a legitimate child under chapter 126 of NRS, under prior law of this State or under the law of another jurisdiction,
Ê and the father has not consented to the adoption of the child or relinquished the child for adoption, a proceeding must be brought pursuant to this chapter and a determination made of whether a parent and child relationship exists and if so, if it should be terminated.
2. If a mother relinquishes or proposes to relinquish for adoption a child who does not have:
(a) A presumed father under subsection 1 of NRS 126.051;
(b) A father whose relationship to the child has been determined by a court;
(c) A father as to whom the child is a legitimate child under chapter 126 of NRS, under prior law of this State or under the law of another jurisdiction; or
(d) A father who can be identified in any other way,
Ê or if a child otherwise becomes the subject of an adoption proceeding, the agency or person to whom the child has been or is to be relinquished, or the mother or the person having custody of the child, shall file a petition in the district court to terminate the parental rights of the father, unless the father’s relationship to the child has been previously terminated or determined not to exist by a court.
3. In an effort to identify and protect the interests of the natural father, the court which is conducting a proceeding pursuant to this chapter shall cause inquiry to be made of the mother and any other appropriate person. The inquiry must include the following:
(a) Whether the mother was married at the time of conception of the child or at any time thereafter.
(b) Whether the mother was cohabiting with a man at the time of conception or birth of the child.
(c) Whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy.
(d) Whether any man has formally or informally acknowledged or declared his possible paternity of the child.
4. If, after the inquiry, the natural father is identified to the satisfaction of the court, or if more than one man is identified as a possible father, each must be given notice of the proceeding in accordance with subsection 6 of this section or with this chapter, as applicable. If any of them fails to appear or, if appearing, fails to claim custodial rights, such failure constitutes abandonment of the child. If the natural father or a man representing himself to be the natural father, claims custodial rights, the court shall proceed to determine custodial rights.
5. If, after the inquiry, the court is unable to identify the natural father or any possible natural father and no person has appeared claiming to be the natural father and claiming custodial rights, the court shall enter an order terminating the unknown natural father’s parental rights with reference to the child. Subject to the disposition of any appeal, upon the expiration of 6 months after an order terminating parental rights is issued under this subsection, or this chapter, the order cannot be questioned by any person in any manner or upon any ground, including fraud, misrepresentation, failure to give any required notice or lack of jurisdiction of the parties or of the subject matter.
6. Notice of the proceeding must be given to every person identified as the natural father or a possible natural father in the manner provided by law and the Nevada Rules of Civil Procedure for the service of process in a civil action, or in any manner the court directs. Proof of giving the notice must be filed with the court before the petition is heard.
Last modified: February 25, 2006