P.R. Laws tit. 8, § 1061

2019-02-20 00:00:00+00
§ 1061. Special provision for the biological father

The Department shall be under the obligation to notify the court of the identity of the biological father if known, and in turn, the Department shall notify the alleged biological father of the adoption proceedings.

The Department shall use any Commonwealth’s resources available, to try to locate the biological father, be it through public notice or any other appropriate method, to afford the biological father due process of law.

In the event that the biological father is unknown, the Department shall be under the obligation to attest before the court to any efforts expended to identify such biological father.

The biological father shall have a term of thirty (30) days as of the date of notice to present his position regarding the adoption process in progress.

Provided, That the father may request within such term that the court order a paternity test before he is able to determine whether he agrees to the adoption process.

When the biological father of the newborn child files a written objection to the voluntary adoption process instituted by the biological mother, such proceeding shall be subject to the provisions of §§ 2699 et seq. of Title 32, entitled “Special Legal Proceedings Act”, as amended, formerly the Code of Civil Procedure. If in the course of such proceeding the adopting party has incurred any cost provided for in this chapter in relation to the adoption process, the biological father shall be responsible for reimbursing such costs, should he lose in the lawsuit.

History —Dec. 18, 2009, No. 186, § 12, eff. 30 days after Dec. 18, 2009.