The trial court correctly determined that a nonsurrendering parent who establishes a 99.99% probability of paternity and obtains summary disposition on the issue of paternity is a legal parent under the Safe Delivery of Newborns Law (SDNL).

The Supreme Court determined that reasonable efforts had not been made by the Department, as no service plan had been created to attempt to reunify the children with their mother.

The Court stated that the trial court erred when it found by clear and convincing evidence that termination of parental rights to the minor child was proper.