The Rights of Presumed (Putative) Fathers

Series Title: State Statutes Series 2004

Author(s): National Adoption Information Clearinghouse

Year Published: 2004

In the decades since 1960, out-of-wedlock births have increased dramatically. While much research on childbearing trends and the characteristics of unwed mothers exists, very little is known about putative fathers, the alleged or reputed fathers of children born out-of-wedlock. However, there is an expanding population of putative fathers who wish to play a role in their children's upbringing. Consequently, their legal rights have become increasingly important.

Putative fathers have had fewer rights with regard to their children than either unwed mothers or married parents. Over the past several decades, putative fathers have used the Fourteenth Amendment to challenge the termination of their parental rights when the birth mother relinquishes their child for adoption. Nevertheless, States have almost complete discretion to determine the rights of a putative father at proceedings to terminate parental rights or adoption proceedings. ...

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