This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.
Virgin Islands 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.
A person is presumed to be the parent of a child if, for the first two years of the child's life, the person resided in the same household with the child and openly held out the child as their own. The term "birth father" means the biological father of a child.
The presumed parent is named as the child's parent on the child's birth certificate. The presumed parent is obligated to support the child under a written voluntary promise or by court order.
Biological fathers do not automatically receive the same rights and responsibilities as presumed parents. California courts prioritize actions over genetics. If a couple has raised a child as their own, a biological father cannot supersede either presumed parent's right to continue raising that child.
Family Code Section 7611 defines presumed father: The parents were married and cohabiting at the time of conception. The parents signed a Voluntary Declaration of Parentage (see section above) or attempted to marry.
The father and mother whose DNA a child carries are usually called the child's biological parents. Legal parents have a family relationship to the child by law, but do not need to be related by blood, for example in the case of an adopted child.
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.