This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.
Indiana recognizes the rights of presumed (putative) fathers in cases involving the paternity of a child. These rights aim to protect the interests of putative fathers and ensure their involvement in the child's life. If you are seeking information about the rights of presumed fathers in Indiana, this article will provide a comprehensive overview. In Indiana, a presumed (putative) father is defined as a man who may be the biological father of a child but is not married to the child's mother at the time of conception or birth. There are different types of presumed fathers recognized by Indiana law, including: 1. Biological Father: This refers to a man who has fathered a child biologically but is not married to the child's mother. 2. Acknowledged Father: An acknowledged father is a man who admits to being the child's father and establishes paternity either through a written acknowledgment or by signing the child's birth certificate. 3. Presumed Father: A presumed father is a man who meets certain criteria set by Indiana law, which creates a presumption of paternity even if he did not directly acknowledge it. A presumed father can include: a. The husband of the child's mother at the time of conception or birth. b. The man who marries the mother after the child's birth and voluntarily asserts paternity. To protect their rights, presumed fathers can take specific legal actions: 1. Establishing Paternity: A presumed father can voluntarily establish paternity by signing a paternity affidavit, acknowledging their biological relationship to the child. This legally binds the father and establishes his parental rights and responsibilities. 2. Challenging Paternity: If a presumed father doubts his biological relationship to a child, he can initiate legal proceedings to challenge paternity. This typically involves conducting DNA testing to confirm or refute paternity. If the test results show the presumed father is not the biological father, his rights and obligations may be terminated. 3. Custody and Visitation: Once paternity is established, a presumed father has the right to seek custody or visitation with the child. If the presumed father can prove that it is in the child's best interest to have an ongoing relationship, the court may grant him custody or visitation rights. 4. Notice and Consent: In adoption cases, Indiana law necessitates that presumed fathers receive proper notice and an opportunity to demonstrate their commitment to the child. They must provide consent for the adoption unless their rights have been legally terminated or a court determines they are unfit. It is important for presumed fathers to be proactive in asserting their rights and seek legal counsel when necessary. Understanding the different types of presumed fathers and the legal procedures involved can help protect their rights as well as maintain a meaningful relationship with their biological child in Indiana.
