This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.
South Carolina The Rights of Presumed (Putative) Fathers is a legal provision that aims to protect the rights and interests of unmarried fathers who may have fathered a child but are not legally recognized as the child's biological or adoptive fathers. In South Carolina, the term "Putative Father" refers to a man who is alleged to be or claims to be the biological father of a child born out of wedlock. These fathers are not automatically granted legal rights and responsibilities towards their child, unlike married fathers or those who have legally established their paternity. The rights of presumed fathers in South Carolina are outlined in the South Carolina Code Section 63-9-310. According to this law, a putative father can establish his parental rights by actively assuming the responsibilities of a parent, such as supporting the child financially or developing a substantial and positive relationship with the child. To protect their rights, putative fathers in South Carolina can take several steps, including: 1. Registering with the responsible adoption agency: By registering with the South Carolina Responsible Father Registry, putative fathers can receive notice if someone seeks to adopt their biological child. 2. Participating in the adoption process: Putative fathers have the right to participate in adoption proceedings and present evidence supporting their claim of paternity. 3. Requesting genetic testing: If there is a dispute about paternity, putative fathers can request genetic testing to establish their biological relationship with the child. 4. Seeking legal representation: Putative fathers should consider seeking legal advice to fully understand their rights, obligations, and how to establish paternity in the eyes of the law. It is essential for putative fathers to understand that if they fail to assert their rights within a specific timeframe or comply with certain legal requirements, their parental rights might be terminated through an adoption proceeding. Therefore, it is vital to take prompt action and engage in legal processes when necessary to safeguard their parental rights. Different types of putative fathers' rights may include cases involving cooperation between the birth mother and the putative father, as well as instances where there is a dispute about paternity, adoption, or custody issues. Each case will be evaluated and decided based on its unique circumstances and the applicable laws of South Carolina. In conclusion, South Carolina The Rights of Presumed (Putative) Fathers is a legal framework that protects the rights of unmarried fathers who claim to be the biological fathers of children born out of wedlock. It is important for putative fathers to be proactive in establishing their parental rights by actively assuming responsibilities, registering with the Responsible Father Registry, participating in legal proceedings, and seeking legal counsel when necessary.
