When a Birth Mother knows who the Biological Father is, but his location is unknown, a diligent search must be conduction. A diligent search includes making inquiries such as, attempting to contact the person at their current or last known address through the U.S. Postal Service (Freedom of Information Act); contacting the person’s last known employer; contacting relatives (from information gained from Birth Mother and other available sources; inquiring with law enforcement agencies where the person last resided; Department of Corrections; utility company records; Armed Forces base locator records; tax assessor and tax collector etc. If, information is found showing the Biological father has died, documentation must be obtained proving this fact. Agencies contacted during a Diligent Search must release information, without a subpoena or a court order, except when prohibited by law.
The Agency or Adoption entity will file an Affidavit of Diligent search with the court. The Diligent Search may be conducted before the baby is born. If a Diligent Search fails to locate the biological father, the court will approve a judgment of Termination of his Parental Rights. The Adoption Agency cannot be held accountable for a failure to contact a biological father because of the Birth Mother’s failure to provide sufficient information needed to locate father.