As amended through June 7, 2024
Rule 32 - Service on Parents(a) Service. In any petition for adoption that is not consented to in writing by both parents, the petitioner must file proof of service of the petition, summons, and all other required documents on the non-consenting parent pursuant to Rule 16.(b) Service by Publication.(1) Whenever an adoption petition cannot be served with the exercise of due diligence in accordance with subsection (a) of this rule because the identity of a parent is unknown or the parent's address is unknown, the petitioner shall file an affidavit describing the parent's last known address and the efforts mad e to identify and/or locate the unknown parent and a motion for advertisement. Upon review of the affidavit, and after inquiry made of any available parent, the court may make a determination that service cannot be effectuated, and may order service by publication of the action in any newspaper of general circulation in the locality of the parent's last known address, in such form and for such length of time as the court shall direct.(2) Where both parents are deceased, the court shall order publication of notice of the adoption petition.(c) Service on Institutionalized or Incompetent Parents. Upon a determination that a parent is institutionalized or incompetent or otherwise incapacitated, the court shall appoint a guardian ad litem to accept service on behalf of the parent if good cause is shown.(d) Service on Incarcerated Parents. In any petition for adoption that is not consented to in writing by both parents, the petitioner must file proof of service to the non-consenting incarcerated parent by personal service of the petition and a summons pursuant to Rule 16. Provided however, for those parents incarcerated out of state, the petitioner must provide proof of service sufficient to satisfy the court that the parent has personally received the petition and a summons. (e) Service on Sperm or Ovum Donors. Service is not required if the genetic material of a sperm or ovum donor is donated to a licensed assisted reproduction facility and the donor, the donee, and the adoptive parent are undisclosed and unidentified to each other.(f) Service pursuant to the Indian Child Welfare Act. Where the court knows or has reason to know that the child is an Indian child, service must comply with the mandates of the Indian Child Welfare Act, 25 U.S.C. § 1901, et seq.Adopted March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.