§578-7  Substituted or constructive service. 
Upon the filing of the affidavit referred to in section 578-6, the court may
order service of the notice prescribed in sections 578-2 and 578-4 to be made
as follows:



(1)  Personal service or service by registered mail
without the State.  If the residence of a nonresident legal parent is known or
is ascertained at any stage of the proceeding prior to the filing of a return
of service pursuant to section 578-5, the court may order that service of
notice of the time and place of hearing of the petition and of a copy thereof
and of a copy of the court's order be made upon such parent (A) by personal
service thereof, without the State, by such person and in such manner as the
court may direct, or (B) by sending certified copies of the petition and of the
notice of the time and place of the hearing thereof and of the court's order,
by registered mail, addressed to such parent, with request for return receipt,
which service, evidenced by such receipt signed by the parent and returned to
the clerk of the court, shall be regarded as equivalent to service by
publication or in lieu thereof.  When service is made pursuant to this
paragraph, the time appointed for the hearing of the petition shall be not less
than twenty-one days subsequent to the date of service as herein provided.



(2)  Service by publication.  If the residence of such
parent is not known and cannot be ascertained, or if an attempt to effect
service by either of the methods authorized in paragraph (1) hereof is
unsuccessful, the court may order that service shall be made by publication. 
The order shall direct that publication of notice of the pendency of the
petition and of the time and place of the hearing thereof be made in a
newspaper or newspapers suitable for the advertisement of notices of judicial
proceedings once in each week for not less than four successive weeks as the
court may prescribe, the last publication to be not less than twenty-one days
prior to the time appointed for the hearing of the petition.  The court may, in
addition to ordering publication, direct that a copy of the petition and notice
be forthwith deposited in the post office, addressed to such parent at the
parent's last known place of residence.  The service of the notice required by
section 578-2 shall be deemed complete at the expiration of the time prescribed
by the order of publication. [L 1919, c 3, pt of §1; RL 1925, §3038; am L 1931,
c 74, §1; RL 1935, §4524; RL 1945, §12275; am L 1953, c 115, pt of §1; RL 1955,
§331-7; HRS §578-7; am L 1973, c 211, §3(e); gen ch 1985]



 



Cross References



 



  Service by certified mail, see §1-28.