During the past 40 years the number of children born to unmarried parents has grown dramatically. Putative fathers (the alleged, named, or reputed biological father) of children born out of marriage have historically been given few rights when it comes to the wellbeing and upbringing of their children.
Things have been changing in this area and putative fathers have challenged the termination of their parental rights when their child has been placed for adoption.
The U.S. Supreme Court has affirmed putative father’s constitutional protection of parental rights when the father has established a substantial relationship with his child. A substantial relationship has been defined as a biological link between the child and putative father, when the father is committed to the responsibilities of parenthood and willing to participate in the child’s raising.
The Court has not ruled about what putative father’s need to do in order to protect their parental rights. Therefore each State has been left to determine how to protect a putative father’s rights. There has been some progress in defining the rights of a father with the implementation of Putative Father Registries.
In nearly every State a putative father is entitled to be given notice of proceedings that will terminate his parental rights and to any adoption placement plans. States typically require a putative father to register or acknowledge paternity within a certain amount of time otherwise their right to notice is void.
Each States may have some difference in the information they keep in their registries, but the information may include:
- The names, addresses, social security numbers, and dates of birth of putative father and birth mother.
- The name and address of any person adjudicated by a court to be the father.
- The child’s name and date of birth or expected month and year of birth.
- Registration date.
Men who think they may be the father of a child should contact their state and ask to make a claim to their child as soon as it is known if they want to maintain their parental rights.
For more information about Putative or biological father’s rights the National Adoption Information Clearinghouse Website offers resources including links to each State Putative Father’s Registry Information.
Related Article: The Adoption Triad: Birth Parents.
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