King Washington 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 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.

Section 63.054, Florida Statutes, provides for the establishment of a Putative Father Registry in the Bureau of Vital Statistics. The purpose of the registry is to permit a man alleging to be the unmarried biological father of a child to preserve his right to notice and consent in the event of an adoption.

While at least 24 states currently have what are called putative father registries, California does not.

The Virginia Birth Father Registry (VBFR), formerly known as the Virginia Putative Father Registry, is a confidential database maintained by the Virginia Department of Social Services that protects the rights of unmarried men (and their relatives) to children they may have (un)knowingly fathered.

Putative child means a person, including an adult who claims or is alleged to be the child of an identified parent or parents. Sample 1.

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.

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.

--Some states do not allow pre-birth consent. What due diligence requirement exists in reference to fathers of nonmarital (illegitimate) children? Petitioners for the adoption are required to use due diligence to locate and identify the father in order to give him notice.

2 Putative father is defined in statute in 11 States. 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.

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King Washington The Rights of Presumed (Putative) Fathers