(a) General. This chapter does not apply to those situations were a soldier is trying to adopt a child. It applies to those situations where another person is trying to adopt a legitimate or illegitimate child of a soldier. A child born in or out of wedlock normally may not be put up for adoption without the consent of the parents. Therefore, communications from a judge or court asking that a soldier appear at an adoption hearing must be answered.
(b) Commander's actions. The commander will—
(1) Inform the soldier or the inquiry.
(2) Urge the soldier to see a legal assistance attorney.
(3) Advise the court or judge, as appropriate, that—
(i) A request by the soldier for leave to attend an adoption hearing on (date) has been granted.
(ii) A request by the soldier for leave to attend an adoption hearing on (date), if made, would be approved.
(iii) Due to military requirements, the soldier cannot be granted leave to attend any court hearing until (date).
(iv) The soldier has stated that he or she is not the natural parent of the child.
(v) Since the soldier is not present because (give specific reasons), (for example, temporary duty or leave), a complete response cannot be made until (date).
(vi) The soldier is no longer in this command. The commander will provide the soldier's new military address to the court or judge. The commander then will send a copy of the inquiry to the soldier's new commander and advise the court or judge of this action.
(4) Furnish the soldier with a copy of the communication and the reply.
Title 32 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.