42-2-302. Persons whose consent not required. Consent to adoption of a child is not required from:

(1) an individual whose parental relationship to the child has been judicially terminated for unfitness or has been determined not to exist or who has waived parental rights;

(2) a parent who has been judicially declared incompetent;

(3) an individual who has not been married to the mother of the child and who, after the conception of the child, executes a notarized statement denying paternity or a notarized statement acknowledging paternity and denying any interest in the child; or

(4) the personal representative of a deceased parent's estate.