Tuesday, October 27, 2020

What is the Putative Father Registry?

The Putative Father Registry records the names and addresses of fathers (or men who believe they are fathers) of children born outside  of marriage.
 
Why should a father put his name on the Putative Father Registry?
The Putative Father Registry allows a man to “officially” claim he is the father of a child. A man may want to do this before paternity is legally established if he can’t find the child’s mother or if the mother doesn’t want to establish paternity for the child.
 
The Putative Father Registry is used in adoption proceedings to identify the child’s father, and promptly secure his consent to proceed with the adoption. A man who is concerned that his child may be adopted without his consent should place his name on the Putative Father Registry before the child’s birth or within a certain amount days (depending on the state) of the child’s birth in order to be notified of an adoption proceeding for the child. Failure to file in a timely manner shall waive a man’s right to withhold consent to an adoption proceeding unless certain factor(s) exist.
 
Notice of Intent to Claim Paternity
A man’s name is added to the Putative Father Registry when a court order is entered saying he is the legal father. A man can also add his name to the Putative Father Registry by filing a Notice of Intent to Claim Paternity or Acknowledgment of Paternity (or similar document) with the Bureau of Vital Records (or similar department).  Filing this notice does not establish legal paternity, but it does create an official record of the man’s claim to be the father of a child. The man’s name is not added to the child’s birth certificate. A man should contact the Bureau of Vital Records (or equivalent department) if he wants to add his name to the registry.
 
A person filing a Notice of Intent to Claim Paternity of a child shall notify the registry of any change of address.
 
Who should register?
A man who is not married to a child’s mother may acknowledge paternity by completing the Notice of Intent to Claim Paternity. The completed form must be notarized and mailed to the Putative Father Registry.
 
A person who has filed a Notice of Intent to Claim Paternity sometimes may be able to revoke a Notice of Intent to Claim Paternity by submitting a rescission to the Bureau of Vital Records (or equivalent department).
 
An un-revoked Notice of Intent to Claim Paternity of a child may be introduced in evidence by any party, other than the person who filed such notice, in any proceeding in which such fact may be relevant.
 
Voluntary acknowledgement of paternity
Parents can voluntarily establish paternity for their child by completing an Affidavit Acknowledging Paternity any time after their child’s birth. When both parents properly complete and sign this affidavit, the man’s name can be added to the child’s birth certificate and the man becomes the legal father of the child. This affidavit can have the same effect as a court order establishing paternity (in most jurisdictions) and can be used as a basis for entering a child support order.

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