This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.
Montana The Rights of Presumed (Putative) Fathers
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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.
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.
If your results say that the father is ?not excluded?, this means that there is almost 100% probability that the person is the biological father ? in the example above, a 99.9998% probability. However, if two possible fathers are close relatives, such as brothers, they share much of the same DNA.
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.
Montana law outlines the circumstances in which paternity is presumed, for example, when the child's mother is married and the husband is presumed to be the father. Genetic testing may also serve as the basis for a presumption of paternity. Paternity may be acknowledged after a child is born.
(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.
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.