It is enacted by the General Assembly as follows:

SECTION 1. Sections 15-7-8, 15-7-9 and 15-7-26 of the General Laws in Chapter 15-7 entitled "Adoption of Children" are hereby amended to read as follows:

15-7-8. Notice to parents -- Notice when no parent living or when parent in mental institution. -- (a) The notice required in section 15-7-7 shall be as follows: If a parent does not consent in writing to the adoption of his or her child, the court shall order a copy of the petition and order thereon to be served on him or her, personally, if found in the state; and if not, notice of the pendency of the petition for adoption shall be published once a week for three (3) successive weeks in such newspaper as the court directs. Like notice shall also be published whenever a child has no parent living.

(b) Whenever a parent is confined in any asylum, hospital, or institution for mental illness, whether such asylum, hospital or institution be situated within or without the state, the court shall order a copy of the petition and order hereon, hereinafter referred to as the notice, to be served on him or her personally, which notice, if to be served within the state, shall be served by an officer authorized by law to serve citations, but if the notice is to be served without the state, it may be served by any disinterested person, who shall make return thereon, upon oath, that he or she has made service thereof, the manner in which, the time when, and the place where the service was made; provided, however, that before any officer or disinterested person shall make service of the notice, he or she shall apply to the physician in charge of the asylum, hospital, or institution where the person upon whom the notice to be served is confined, and if the physician shall return, upon oath, on the back of the notice, that in his or her opinion service of the notice upon the person will be injurious to his mental health, the officer or person charged with the service shall leave a copy thereof, with the physician's return thereon, with the keeper of the asylum, hospital, or institution and shall return the notice, with a return of his or her doings thereon, to the court without further service; and upon return being made in either case, the court, having first appointed a guardian ad litem for such parent, may proceed to act upon the petition and order.

15-7-9. Notice to parent whose whereabouts unknown. -- (a) When a petition concerning the adoption or termination of parental rights is filed which sets forth that the whereabouts of the parent or parents of the child are unknown, that fact shall be sworn to by the petitioners by affidavit which shall set forth the last contacts with the absent parent and any other information considered pertinent in determining the absent parent's whereabouts.

(b) The court shall review the affidavit and if it is determined that personal service cannot be effectuated an order of notice shall be entered directing that notice be given to the parent by publication of a copy thereof in such newspaper of

{ADD 15-7-26. Notice to natural father. -- ADD} (a) If the court, after examination, determines that the natural father has not joined in a petition either for the termination of parental rights of a petition for adoption or has not executed a waiver, then the court shall cause inquiry to be made of the mother, as the court in its discretion shall deem appropriate.

(b)(1) If, after the inquiry, the natural father is identified to the satisfaction of the court, he shall be given notice in accordance with section 15-7-8 or in such other manner as the court may direct. Proof of giving the notice shall be filed with the court before a petition for termination of parental rights or a petition for adoption is granted. If the natural father fails to appear or if appearing, fails to claim any rights to the child, the court shall enter an order terminating his rights with reference to the child. If the natural father or a man representing him to be the natural father claims rights to the child, the court shall proceed to determine his or her rights.

(2) If, after the inquiry, the court is able to identify the natural father but his whereabouts are unknown, or if the court is unable to identify the natural father, the court, on the basis of all information available, shall determine whether there is a reasonable probability that publication of notice of the proceeding will lead to the ascertainment of his identity . {ADD or whereabouts. ADD} If so, the court may order publication at such time or times and in such place or places and manner it deems appropriate based on the facts of each case available to it. Publication shall be in accordance with section 15-7-9.

SECTION 2. This act shall take effect upon passage.