State 

StatuteS 

The Rights 

of Presumed 

(Putative) Fathers 

The number of nonmarital births in recent decades 

has led to an increased focus on the fathers of 

these children. Many of these alleged (or reputed 

or putative) fathers of nonmarital children seek 

recognition of their legal rights and expanded roles 

in the upbringing of their children. 

Constitutional Rights 

Historically, 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 

Current Through 

October 2007

Electronic copies of this publication 

may be downloaded at 

www.childwelfare.gov/systemwide/ 

laws_policies/statutes/putative.cfm 

To find statute information for a 

particular State, go to 

www.childwelfare.gov/systemwide/ 

laws_policies/state/index.cfm 

To find information on all the 

States and territories, order a copy 

of the full-length PDF by calling 

800.394.3366 or 703.385.7565, or 

download it at 

www.childwelfare.gov/systemwide/ 

laws_policies/statutes/putativeall.pdf 

Child Welfare Information Gateway 

Children’s Bureau/ACYF 

1250 Maryland Avenue, SW 

Eighth Floor 

U.S. Department of Health and Human Services 

Administration for Children and Families Washington, DC 20024 Administration on Children, Youth and Families 703.385.7565 or 800.394.3366 

Children’s Bureau Email: info@childwelfare.gov 

www.childwelfare.gov 
The Rights of Presumed (Putative) Fathers www.childwelfare.gov 

State Definitions 

of “Father” 

parental rights when the birth mothers relinquish their children 

for adoption. Nevertheless, States have almost complete 

discretion to determine the rights of a putative father at 

termination of parental rights or adoption proceedings. 

The U.S. Supreme Court has affirmed the constitutional 

protection of a putative father’s parental rights when he has 

established a substantial relationship with his child. The Court 

defined a substantial relationship as the existence of a biological 

link between the child and putative father, and it defined the 

father’s commitment to the responsibilities of parenthood as 

participating in the child’s upbringing.1 

There is no standard definition for “father” in statutes across 

the States. Approximately five States, the District of Columbia, 

American Samoa, and the U.S. Virgin Islands provide no 

definition for the term.2

 “Putative father” is defined in statute 

in 11 States.3

 Although there is some variation in language, 

“putative father” generally means a man who is alleged to be 

or claims to be the biological father of a child who is born to a 

woman to whom he is not married at the time of the child’s birth. 

In approximately 21 States and the Northern Mariana Islands, a 

man may be presumed to be the father of a child in any of the 

following circumstances:4 

• He and the child’s mother are or have been married to each 

other, and the child is born during the marriage or within 300 

days after the marriage has ended. 

• Before the birth of the child, he and the child’s mother 

attempted to marry, and the marriage is or could be declared 

invalid, and the child is born during the marriage or within 

300 days after the marriage is terminated. 

1	 Stanley v. Illinois, 405 U.S. 645 (1972); Quilloin v. Walcott, 434 U.S. 246 (1978); Caban v. 

Mohammed, 441 U.S. 380 (1979); Lehr v. Robertson, 463 U.S. 248 (1983).

2	 The word approximately is used to stress the fact that States frequently amend their

laws. This information is current through October 2007. Arizona, Nebraska, New York,

North Carolina, and Virginia currently do not define “father” in statute.

3	 Arkansas, Florida, Indiana, Iowa, Maine, Montana, Nevada, Oklahoma, South Dakota,

West Virginia, and Wyoming.

4	 Alabama, California, Colorado, Delaware, Hawaii, Illinois, Kansas, Massachusetts,

Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, North Dakota, Ohio,

Rhode Island, South Carolina, Tennessee, Texas, and Washington.

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The Rights of Presumed (Putative) Fathers www.childwelfare.gov 

Putative Father 

Registries 

Alternate Means 

to Establish 

Paternity 

• With his consent, he is listed as the father on the child’s birth 

certificate. 

• He has acknowledged his paternity in writing. 

• He is obligated to support the child, either by voluntary 

agreement or court order. 

• While the child is a minor, he has resided with the child and 

openly claimed the child as his biological child. 

Many States have provisions for a father to voluntarily 

acknowledge paternity. Approximately 23 States have 

established putative father registries for this purpose.5

 In 12 

States, the District of Columbia, and the Virgin Islands, there are 

provisions for voluntary acknowledgment of paternity through 

forms that are filed with social services departments, registrars of 

vital statistics, or other similar entities.6 

Acknowledgment of paternity provides the father with the right 

to receive notice of court proceedings regarding the child, 

including petitions for adoption or actions to terminate parental 

rights. In 10 States with putative father registries, filing with the 

registry is the sole means for establishing this right of notice.

7

 An 

acknowledged father may also seek visitation with the child and 

usually will be required to provide financial support to the child. 

In 21 States and the Northern Mariana Islands, a person may 

claim paternity to a child by filing an acknowledgment or 

affidavit of paternity with a court.8

 Paternity of a nonmarital child 

may also be established by court order. 

5	 Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Illinois, Indiana, Iowa,

Louisiana, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New

York, Ohio, Oklahoma, Tennessee, Texas, Virginia, and Wyoming.

6	 Alaska, California, Hawaii, Idaho, Kansas, Kentucky, Mississippi, Nevada, Pennsylvania,

South Dakota, Utah, and Wisconsin.

7	 Alabama (for births occurring after 1/1/1997), Delaware, Florida, Georgia, Illinois,

Indiana, Montana, New Hampshire, Tennessee, and Virginia.

8	 Alabama, Arizona, Arkansas, Florida, Idaho, Indiana, Kansas, Kentucky, Louisiana,

Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New Mexico, North

Dakota, Oregon, Rhode Island, Texas, Virginia, and Washington.

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The Rights of Presumed (Putative) Fathers www.childwelfare.gov 

Required 

Information 

Revocation of 

Claim 

States differ in the information they require for registration or 

acknowledgment of paternity, although the required information 

may include: 

• Name, address, Social Security number, and date of birth of 

putative father and birth mother 

• 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 the child’s birth 

• Registration date 

• Other information deemed necessary 

Approximately 42 States, the District of Columbia, and the 

U.S. Virgin Islands make provisions in their statutes that allow 

putative fathers to revoke or rescind a notice of intent to claim 

paternity.

9

 Of these States, approximately 14 allow revocation 

at any time.10 Revocation is effective only after the child’s 

birth in Arkansas and Iowa, and Florida allows revocation of 

a registration prior to the child’s birth only. Approximately 27 

States, the District of Columbia, and the Virgin Islands limit 

the right of rescission to 60 days after the paternity claim is 

submitted or prior to a court proceeding to establish paternity, 

whichever occurs first.11 In 19 States and the Virgin Islands, a 

claim of paternity may not be revoked after the 60-day period 

9	 Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Florida,

Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland,

Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, New

Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania,

Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin,

and Wyoming.

10 Alabama, Delaware, Indiana (of the registration), Missouri, Montana (of the

registration), Nebraska, New Mexico, New York, Oklahoma, Oregon, Tennessee, Texas (of

the registration), Wisconsin, and Wyoming.

11 Alaska, California, Colorado, Connecticut, Florida (of an acknowledgment of paternity),

Georgia, Hawaii, Idaho, Illinois, Indiana (of an acknowledgment), Louisiana, Maine,

Maryland, Massachusetts, Mississippi, Montana (of an acknowledgment), Nevada,

New Hampshire, New Jersey, North Dakota, Ohio, Oregon, Pennsylvania, Texas (of an

acknowledgment), Utah, Virginia, and Washington.

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Information Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/putative.cfm. 4 
The Rights of Presumed (Putative) Fathers www.childwelfare.gov 

Access to 

Information 

except by court action on the basis of fraud, duress, or material 

mistake of fact.12 

Most States will accept a written, notarized statement for 

rescission. Seven States, however, require a court proceeding for 

revocation of a claim.13 

Access to information maintained in registries also varies from 

State to State. Many jurisdictions permit certain persons access 

to registry records. In general, these are people with a direct 

interest in a case. Typically, persons entitled to access include 

birth mothers, courts, attorneys, licensed adoption agencies, 

prospective adoptive parents, State departments of social 

services, State offices of child support enforcement, registries of 

States, or any other person upon a court order for good cause. 

This publication is a product of the State Statutes Series 

prepared by Child Welfare Information Gateway. While every 

attempt has been made to be as complete as possible, 

additional information on these topics may be in other 

sections of a State’s code as well as agency regulations, case 

law, and informal practices and procedures. 

12 Connecticut, Florida, Georgia, Hawaii, Idaho, Louisiana, Maine, Maryland,

Massachusetts, Mississippi, Nevada, New Hampshire, New Jersey, North Dakota, Ohio,

Oregon, Pennsylvania, Utah, and Virginia.

13 Colorado, Kansas, Michigan, Rhode Island, South Dakota, Texas, and Washington.

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare 

Information Gateway. Available online at www.childwelfare.gov/systemwide/laws_policies/statutes/putative.cfm. 5