(A) A summons and petition for termination of parental rights must be filed with the court and served on:

(1) the child, if the child is fourteen years of age or older;

(2) the child's guardian ad litem, appointed pursuant to Section 63-7-2560(B), if the child is under fourteen years of age;

(3) the parents of the child; and

(4) an agency with placement or custody of the child.

(B) The right of an unmarried biological father, as defined in Section 63-9-820, to receive notice of a termination of parental rights action must be governed by the notice provisions of Section 63-9-730(B)(1), (3), (4), (5), and (6), and Subarticle 8, Chapter 9.

HISTORY: 2008 Act No. 361, Section 2; 2009 Act No. 41, Section 4, eff July 1, 2009.

Editor's Note

2009 Act No. 41 Section 6 provides as follows:

"This act takes effect July 1, 2009, except that those provisions of Section 1 of this act pertaining to the establishment of the Responsible Father Registry and the receipt of claims of paternity by the registry take effect January 1, 2010, and those provisions of Section 1 of this act and Section 63-9-730 of the 1976 Code, as amended by Section 2 of this act, affecting an unmarried biological father's right to receive notice in a termination of parental rights or an adoption action by filing a claim of paternity and Section 63-7-2550(B) of the 1976 Code, as added by Section 4 of this act, apply to termination of parental rights actions and adoption actions filed on or after July 1, 2010."

Effect of Amendment

The 2009 amendment designated subsection (A) and in subparagraph (1), added ", if the child is fourteen years of age or older", added subparagraph (2) relating to notice to the guardian ad litem of a child under fourteen, and redesignated subparagraphs (2) and (3) as subparagraphs (3) and (4); and added subsection (B) relating to notice to unmarried biological fathers.