Putative Father Registries: *Citations and Summaries of Significant
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Putative Father Registries: *Citations and summaries of significant legislation appear below. The legislation summaries do not encompass the entire law; click on the citation to view the statute in its entirety. Inclusion of the summaries below should not be construed to mean that such laws represent “best practice” or are in accord with federal law. While the definition of putative father varies by state, generally a "putative father" is a man who may be a child's father, but who was not married to the child's mother before the child was born and has not acknowledged that he is the father or established that he is the father in a court proceeding. Some states use registries to give putative fathers an opportunity to file notice of their claims to paternity. In many states, a man who has not filed with the putative father registry will not receive notice of any termination of parental rights and/or any adoption court proceedings regarding the child. Following is a summary of state statutes related to putative father registries: ¾ Approximately, twenty-four states have established a Putative Father Registry where a father can voluntarily acknowledge paternity. ¾ Thirteen states have provisions for voluntary acknowledgment of paternity through forms that are filed with various entities, including social services departments and registrars of vital statistics. ¾ In twenty-one states a person may claim paternity to a child by filing an acknowledgment or affidavit of paternity with a court. ¾ All states offer parents the opportunity to voluntarily acknowledge a child’s paternity until the age of 18. ¾ Forty-three states make provisions in their statutes that allow putative fathers to revoke or rescind a notice of intent to claim paternity; fourteen states allow revocation at any time. In ten states, filing with the putative father registry is the only means for an unmarried father who acknowledges paternity to establish his right to receive notice of court proceedings regarding the child, including petitions for adoption or actions to terminate parental rights. Required Information to Revocation of Paternity State Putative Father Registry Alternative Means to Establish Paternity Establish Paternity Claim Access to Information AL Ala. Code § 26-10C-1: Established the Ala. Code §§ 26-11-2; 26-17-6; 26-17-22: The father of a Ala. Code § 26-10C-1: A Ala. Code § 26-10C-1(d): Ala. Code § 26-10C-1(f): Putative Father Registry within the nonmarital child may seek to legitimate the child and person filing an A person who has filed a Requires the Department of Department of Human Resources. A person render him or her capable of inheriting his estate by filing a acknowledgment of paternity notice of intent to claim Human Resources to send a must file with the registry within 30 days of notice of declaration of legitimation in writing attested by or filing a notice of intent to paternity may at any time copy of the putative father or before the birth of the child. two witnesses. The declaration shall include the name of claim paternity with the submit in writing a notice of intent to claim the child, supposed age, the name of mother, and that he Putative Father Registry must revocation of his intent to paternity registration form to thereby recognizes him or her as his child and capable of supply information, such as claim paternity registration. the court handling the inheriting his estate. A child, a child's natural mother, or a their name, social security adoption after receiving man presumed to be the child's father may bring an action number, address, and the notice of the pendency of an at any time before the child reaches age 19 for the purpose child's name, on the putative adoption proceeding as well of declaring the existence of the father and child father intent to claim paternity as to any person upon an relationship. The natural mother and father of a child born registration form. order showing good cause. to a woman who was unmarried at the time of birth and had not been married or attempted to be married within 300 days prior to the birth may, at any time prior to the child's 19th birthday, state and acknowledge that they are the natural parents of the child in an affidavit of paternity signed by both parties before a notary public. The affidavit of paternity shall be a legally sufficient basis for establishing an obligation for child support and may be admitted as evidence of paternity in any action to establish a support order or an adjudication of paternity. Required Information to Revocation of Paternity State Putative Father Registry Alternative Means to Establish Paternity Establish Paternity Claim Access to Information AK No Putative Father Registry. Alaska Stat. § 25.20.050: Establishes that a child born out Alaska Stat. § 18.50.165: The Alaska Stat. § 18.50.165: Not addressed in statute of wedlock is legitimated and considered heir of the form must include the The mother and the man putative father when: he marries the mother of the child; he following: A statement acknowledging paternity acknowledges, in writing, being the parent of the child; he acknowledging he is the must be notified that, and the mother both sign a form for acknowledging natural father of the child unless fraud, duress, or paternity; or he is determined by a superior court, upon named in the form and that he material mistake of fact is sufficient evidence, to be a parent of the child. A genetic assumes the parental duty of shown, the test that establishes a probability of parentage at 95 support of that child; the acknowledgment may only percent or higher creates a presumption of parentage that address and Social Security be rescinded by the earlier may be rebutted only by clear and convincing evidence. number of both parents of the of the following dates: 60 child; signatures of both days after the date of the Alaska Stat. § 18.50.165: When a birth occurs to an parents; a signature line for person's signature or the unmarried woman in a hospital, the hospital shall ensure either a witness or notary date of initiation of an that a staff member, among other things, provides to the public; and a statement that administrative or judicial mother and, if possible, the father, all forms, statements, or sets out the legal procedure to establish agreements necessary to voluntarily establish a parent and consequences and the rights support of the child in child relationship, including an acknowledgment of and responsibilities of the which the person is a party. paternity form. When a birth occurs to an unmarried mother and the man woman who is not in a hospital for the birth and the birth is acknowledging paternity of attended by a physician or nurse-midwife, they shall signing the form. perform the duties described above or ensure that an agent performs those duties. When a birth occurs in a situation that is not covered by either situation described above, any adult may, upon request of the father and mother, assist them in filing a voluntary acknowledgment of paternity form with the State registrar. Required Information to Revocation of Paternity State Putative Father Registry Alternative Means to Establish Paternity Establish Paternity Claim Access to Information AZ Arizona Rev. Stat. § 8-106.01(A)-(B) A Arizona Rev. Stat. § 25-812: The State or the parent of a Arizona Rev. Stat. § 8- Arizona Rev. Stat. § 25- Arizona Rev. Stat. § 8- person who is seeking paternity, who wants child born out of wedlock may establish the paternity of a 106.01(B): The notice of a 812: The mother and 106.01(B): Written inquiries to receive notice of adoption proceedings, child by filing one of the following with the clerk of the claim of paternity shall be father may rescind the of the confidential registry and who is the father or claims to be the superior court, the Department of Economic Security, or signed by the putative father acknowledgement of may be received by the father of a child shall file notice of a claim of the Department of Health Services: a notarized or and shall include the father's paternity within 60 days presiding court, a licensed paternity and of his willingness and intent to witnessed statement that contains the Social Security name and address, biological after the last signature to adoption agency or attorney support the child to the best of his ability numbers of both parents and that is signed by both parents mother's name and last known the notarized participating in a direct with the State Registrar of Vital Statistics in acknowledging paternity or an agreement by the parents to address, and the birth date of acknowledgment of placement adoption, and the the Department of Health Services. DHS be bound by the results of genetic testing and an affidavit child or probable birth date of paternity that is filed or the Division of Public Health shall maintain a confidential registry for this from a certified laboratory that the tested father has not the child. date of a proceeding Services. purpose. A person must file a notice of been excluded. On filing a document required above, the relating to the child, intent to claim paternity at any time before court shall issue an order establishing paternity. A including a child support the birth of the child or within 30 days after. voluntary acknowledgment of paternity that has the same proceeding in which the force and effect as a superior court judgment may be filed mother or father is a party.