[§584-24]  Custodial proceedings.  (a)  If a mother relinquishes or proposes to relinquish for adoption a child who has:

     (1)  A presumed father under section 584-4(a);

     (2)  A father whose relationship to the child has been determined by a court; or

     (3)  A father as to whom the child is a legitimate child under prior law of this State or under the law of another jurisdiction;

the father shall be given notice of the adoption proceeding and have the rights provided under chapter 578, unless the father's relationship to the child has been previously terminated or determined by a court not to exist.

     (b)  If a mother relinquishes or proposes to relinquish for adoption a child who does not have:

     (1)  A presumed father under section 584-4(a);

     (2)  A father whose relationship to the child has been determined by a court; or

     (3)  A father as to whom the child is a legitimate child under prior law of this State or under the law of another jurisdiction;

or if a child otherwise becomes the subject of an adoption proceeding, the court shall determine whether the natural father has exercised parental duties, obligations, and concern for the child in accordance with subsection (c); provided that if the proposed adoptive parent is the spouse of the child's mother, no notice is required to be given to a father who does not fall within the provisions of subsection (a).

     (c)  In order to determine the extent of the natural father's exercise of parental duties, obligations, and concern for the child, the court shall cause inquiry to be made of the mother and any other appropriate person.  The inquiry shall include the following:

     (1)  Whether the mother was married at the time of conception of the child or at any time thereafter;

     (2)  Whether, at the time of conception or birth of the child thereafter, the mother was cohabiting with a man whom she alleges to be or who represents or believes himself to be the child's father;

     (3)  Whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy or in connection with the birth of the child.

     (d)  If, after the inquiry, the court is satisfied that the natural father has exercised parental duties, obligations, and concern for the child, he shall be given notice of the proceeding in accordance with subsection (f).  If he fails to appear or, if appearing, fails to claim custodial rights, his parental rights with reference to the child shall be terminated.  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.

     (e)  If, after the inquiry, the court is satisfied that the natural father has failed to exercise parental duties, obligations, and concern for the child the court shall enter an order terminating the natural father's parental rights with reference to the child.  Subject to the disposition of an appeal, upon the expiration of thirty days after an order terminating parental rights is issued under this subsection, the order shall not 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.

     (f)  Notice of the proceeding shall be given to any person who is entitled under the provisions of this chapter to receive notice in the manner appropriate under chapter 578.  Proof of giving the notice shall be filed with the court before the petition is heard. [L 1975, c 66, pt of §1]