This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.
Idaho The Rights of Presumed (Putative) Fathers
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A putative father is a man who might be a child's biological father, but is not the legal father. For example, if a man has sex with a woman who he is not married to, and that woman has a child, that man would be a putative father.
Consent is required from the terminating parent under Idaho Code section 16-1504. Consent must be witnessed by a district judge or magistrate of a district court, or equivalent judicial officer of the state, where a person consenting resides.
In Idaho, when a child is conceived or born to a married couple, the husband is presumed to be the biological father of all children from the marriage. This presumption can be overcome by an affidavit of nonpaternity or a genetic test.
If the father does not establish paternity, then he will not be able to make decisions on behalf of the child such as healthcare, education, religion, etc. However, once the courts have validated the petition for paternity, the father is given rights equal to that of the mother and can seek custody and visitation.
In the United States of America, the putative father registry is a state level legal option for unmarried men to document through a notary public any woman they engage with in intercourse, for the purpose of retaining parental rights for any child they may father.
(b) A putative father is an individual alleged to be the natural father of any child born out of wedlock. If the child was born out of wedlock, then the agency must determine what rights the putative father has regarding the child, in order to determine what action is necessary to free the child legally.
As used in this subchapter: ? ''Father'' means the biological male parent of a child. ''Putative father'' means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child.