Bronx New York 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

A "father" is the man who signs an acknowledgment of parentage of a child. If a child is born of wedlock, a man is considered to be the natural father of that child if the man joins with the mother of the child and acknowledges that child as his child by completing a form that is an acknowledgment of parentage.

In contrast with a presumed father who holds himself out to be the child's parent, an alleged father is the man the mother has identified as the child's biological father.

3 Although there is some variation in language, putative father generally means a man who is alleged to be or claims to be the biological father of a child who is born to a woman to whom he is not married at the time of the child's birth.

The courts, local departments of social ser- vices, and voluntary authorized agencies in New York State use the Putative Father Registry to search for the name and address of the father of a child born out of wedlock, so the father can be notified of court proceedings impacting the cus- tody of the child and be a part

Anyone can apply to the court for a Child Arrangements Order (formerly a contact order) but not everyone can do so as of right. Anyone else will need permission from the court to make an application.

A man is presumed to be the natural father of a child if any of the following apply: He and the child's mother are married to each other, and the child is born during the marriage.

New York law automatically presumes that a woman's husband is the father of her child, but when the parents are not married, paternity must be legally established. Until this happens, a presumed father has zero rights or responsibilities to his child.

A presumed father is a person the law has stated is a legal father of a child because of his legal relationship to the mother during the pregnancy. There are several ways a man can be considered a presumed father, the most common of which is being married to the mother.

You must go to Civil Court in the county where you live and request a name change order. This order must include: The certificate number and your child's date of birth or. Your child's date of birth and place of birth.

A legal parent includes a biological or adoptive parent, or a person that the state has determined to be your parent (for example, when a state allows another person's name to be listed as a parent on a birth certificate).

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Bronx New York The Rights of Presumed (Putative) Fathers