Putative Father definition
Author: US Birth Certificates Team
A “putative father” is a man that claims to be the biological father of a child that does not have a legal relationship with them.
A legal relationship is usually not established because the father was not married to the child's mother at the time of birth.
For a father, it is essential to establish a legal connection with his child. That way, they can legally make decisions regarding the child’s care.
A putative father can voluntarily confess to the paternity and have it recorded.
This takes place at a putative father registry.
Many states across the United States have these types of registries available. This makes it much easier for a biological father to legally establish paternity.
If there is no registry in your state, there are other options to establish a legal connection to your child if you are a putative father.
The Purpose of a Putative Father Registry
Every state makes it possible for a father to recognize paternity by choice.
The Federal Social Security act makes it mandatory for states to have procedures to permit fathers to acknowledge paternity.
Recording paternity as a putative father registry allows you to have certain rights.
Some of these include:
- Notices of termination of parental rights must be given to you
- Notices of appeal for adoption must be given to you
- Visitation
Due to this, a father is allowed to fight to maintain their parental rights.
If your state does not have a putative father registry, you can sign an affidavit with the correct state authorities.
States with a Putative Father Registry
Currently, 24 states have a putative father registry established.
If you are an unmarried father in one of these states, you can acknowledge paternity at a putative father registry:
- Alabama
- Arizona
- Arkansas
- Delaware
- Florida
- Georgia
- Illinois
- Indiana
- Iowa
- Louisiana
- Minnesota
- Missouri
- Montana
- Nebraska
- New Hampshire
- New Mexico
- New York
- Ohio
- Oklahoma
- Tennessee
- Texas
- Utah
- Virginia
- Wyoming
In other states, it is possible to assert paternity through a court order. There are also forms that you can file with vital statistics or social service departments.
Different Terms to Describe a “Father”
In the United States, no statute has a definition of “father”. A “legal father” is a man who was married to the mother at the moment of birth.
The man can also legally be the father if the paternity has been clarified by a court or other legal authority.
If paternity hasn’t been settled, a certain status could describe your relationship with the child.
It is important to understand the difference between the terms and their meanings.
| Term | Meaning |
| Putative father | A man who is supposedly the biological father of a child. However, it has not been legally recognized. |
| Alleged father | A man who claims to be the father of a child without established paternity. |
| Acknowledged father | A man who signed an acknowledgment of paternity and has settled a paternal-child relationship. |
| Adjudicated father | A man who has been found by a court to be the father of a child. |
| Presumed father | A man who is established as the father until the status is legally confirmed or disproven. |
How to Establish Paternity
Certain federal requirements must be met to recognize paternity.
The following must be included to create an affidavit in any state:
- Personal information of the parents. This includes names, current addresses, social security numbers, and dates of birth.
- Personal information of the child. Including the name of the child, date of birth, and where he or she was born.
- Signatures of both parents. Depending on the state, the signatures of witnesses and a notary.
- Joint statement from the parents, explaining it’s understood that signing the document is voluntary and that you recognize your rights, responsibilities, choices, and consequences.
- Description of the meaning and outcomes of signing the document. You and the other parent can reconsider for a period of up to 60 days.