Minnesota The Rights of Presumed (Putative) Fathers

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This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.

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FAQ

If a woman has a child by someone other than her husband while she is still married, MN law automatically presumes that her husband is the father and he will be legally responsible for the child until paternity is established with the other man. See Minn Stat. § 257.55.

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.

The term ?legal father? generally refers to a man married to the mother at the time of conception or birth of their child or whose paternity has been otherwise determined by a court of competent jurisdiction.

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.

In Minnesota, fathers generally have the same legal rights to custody of their child as mothers do. However, unmarried fathers must first establish paternity, also referred to as parentage, before being considered a child's legal father.

State putative father registries are intended to protect the non marital father from fraud by providing him with legal notice of a planned adoption of a child, provided he registers within a limited time-frame, usually any time prior to the birth or from 1 to 31 days after a birth.

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.

The biological father is the man who contributed half of the child`s genetic makeup. The legal father may not be the biological father. The legal father is the man the law recognizes as the father of the child.

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Minnesota The Rights of Presumed (Putative) Fathers