I 
114TH CONGRESS 
1ST SESSION H. R. 2818 
To promote permanent families for children, privacy and safety for unwed 
mothers, responsible fatherhood, and security for adoptive parents by 
establishing a National Responsible Father Registry and encouraging 
States to enter into agreements to contribute the information contained 
in the State’s Responsible Father Registry to the National Responsible 
Father Registry, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 18, 2015 
Mrs. HARTZLER (for herself and Ms. KUSTER) introduced the following bill; 
which was referred to the Committee on Ways and Means 
A BILL 
To promote permanent families for children, privacy and 
safety for unwed mothers, responsible fatherhood, and 
security for adoptive parents by establishing a National 
Responsible Father Registry and encouraging States to 
enter into agreements to contribute the information con-
tained in the State’s Responsible Father Registry to 
the National Responsible Father Registry, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Adoption 
Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Responsible father registries, also known as 
possible father registries or putative father reg-
istries, exist in as many as 34 States. 
(2) The Supreme Court of the United States in 
Lehr v. Robertson (463 U.S. 248) (1983), found re-
sponsible father registries to be constitutional. 
(3) Responsible father registries help to speed 
up the stable placement of children by providing a 
mechanism to determine whether there are any pos-
sible fathers who may have an interest in partici-
pating in the placement decisions of the child so that 
the possible father can timely assert his rights or so 
that the father’s rights can be waived, surrendered, 
or terminated and the child made available for adop-
tion or placement. 
(4) Responsible father registries protect the pri-
vacy and safety of unwed mothers by removing the 
burden from the mother to provide information 
about any possible fathers, disclosure of which would 
be an invasion of her privacy and may cause harm 
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to the mother, particularly in the case of rape or do-
mestic violence. 
(5) Responsible father registries serve to pro-
tect the rights of men who wish to be involved in the 
placement decisions of a child they believe they may 
have fathered by creating a mechanism for such men 
to undertake responsibility and to protect their 
rights without having to rely upon others to protect 
their rights, and to indicate their desire to be noti-
fied in a timely manner of certain legal proceedings 
related to the child, including proceedings related to 
termination of rights, adoption, and the placement 
of the child into State custody. 
(6) Responsible father registries protect the pri-
vacy of possible fathers by providing a mechanism 
for men to submit identifying information to a data-
base with restricted access. 
(7) Responsible father registries protect the in-
terests of adoptive parents and increase the security 
of adoptions by reducing the risk that possible fa-
thers cannot be located in a timely manner. One of 
the biggest risks to the finalization of an adoption 
is the inability of the parties to an adoption pro-
ceeding to timely locate the possible fathers. When 
possible fathers are not provided with timely notice 
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of an adoption proceeding related to a child they 
may have fathered and discover such proceeding 
later, the adoption proceeding often is delayed or 
disrupted. In addition to causing emotional stress 
and significant costs associated with this problem, 
such cases, particularly when they attract media at-
tention, create a chilling effect on adoption in that 
prospective adoptive parents may decide not to pur-
sue the option of adoption for fear that they will be 
involved in such a case. 
(8) Interstate travel of mothers and the filing 
of legal actions relating to a child in a State other 
than the State in which a possible father may have 
registered may circumvent and eliminate the protec-
tions such unwed mothers and possible fathers are 
provided by the individual State Responsible Father 
Registries, because there are no agreements or 
mechanisms between the States to identify or to pro-
vide notice to possible fathers who have registered in 
another State. 
(9) The inability of States to coordinate and 
cross-check their responsible father registries may 
jeopardize or delay the placement of the child in a 
permanent home and undermines the benefits to 
unwed mothers, protections intended for registered 
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possible fathers, and security for adoptive parents 
that State registries are intended to afford. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to provide for a national database that 
would accept possible father registrations from par-
ticipating State Responsible Father Registries and 
directly from possible fathers, and would transmit 
the results of specific searches of such registrations 
to authorized parties involved in any State’s pro-
ceedings, whether the State participates in the na-
tional registry or not, for adoption, the placement of 
a child in State custody, or the termination of a fa-
ther’s rights; 
(2) to enable children to find a permanent home 
more quickly by providing identifying information on 
possible fathers thereby enabling the fathers’ rights 
to be addressed in a more timely manner; 
(3) to remove the burden from the mother of 
having to identify potential fathers, to protect her 
privacy and safety, especially in cases of rape or do-
mestic violence; 
(4) to empower men to take responsibility for 
the protection of their rights by enabling them to 
register in a participating State or directly with the 
national registry, increasing the likelihood of men re-
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ceiving notice of a proceeding in another State and 
reducing the opportunity for the mother to deprive 
a possible father of the ability to assert his rights 
by withholding accurate information concerning the 
possible father, by moving, or by traveling to an-
other State; and 
(5) to reduce the risk to prospective adoptive 
parents of delayed or disrupted placements resulting 
from challenges to adoptions due to a possible fa-
ther’s untimely receipt of notice of such proceedings. 
SEC. 3. REGISTRIES TO FACILITATE ADOPTIONS. 
Part B of title IV of the Social Security Act (42 
U.S.C. 620 et seq.) is amended by adding at the end the 
following: 
‘‘Subpart 4—National and State Responsible Father 
Registries to Facilitate Adoptions 
‘‘SEC. 445. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) BUSINESS DAY.—The term ‘business day’ 
means a day on which Federal or State offices, as 
applicable, are open for regular business. 
‘‘(2) ELIGIBLE
PARTY.—The term ‘eligible 
party’ means— 
‘‘(A) public and licensed private adoption 
or child placement agencies gathering informa-
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tion for a planned or pending adoption or the 
termination of rights of one or more possible fa-
thers; 
‘‘(B) licensed attorneys representing a 
party in a planned or pending adoption or in 
the termination of rights of one or more pos-
sible fathers; 
‘‘(C) State agencies or entities responsible 
for the placement of children; and 
‘‘(D) State courts. 
‘‘(3) NATIONAL
RESPONSIBLE
FATHER
REG-
ISTRY.—The term ‘National Responsible Father 
Registry’ means the registry established and main-
tained under section 445A. 
‘‘(4) NOTICE.—The term ‘notice’ means notice 
to all possible fathers of a proceeding sufficient to 
satisfy the notice requirements of the law of the 
State in which the proceeding is pending. 
‘‘(5) PENDING ADOPTION.—The term ‘pending 
adoption’ means any adoption in which an adoption 
petition has been filed and is still pending with a 
court pursuant to State law. 
‘‘(6) PLANNED ADOPTION.—The term ‘planned 
adoption’ means any plan for the adoption of a child 
or children in which the birth mother has contacted 
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an attorney or a public or licensed private adoption 
agency about placing her child for adoption, or in 
which a public or licensed private adoption agency is 
working to place a child for adoption. 
‘‘(7) PROCEEDING.—The term ‘proceeding’ 
means a proceeding relating to a child that a pos-
sible father has or may have fathered regarding a 
planned or pending adoption of the child, the entry 
of the child into State custody, or the termination of 
a possible father’s rights to the child. 
‘‘(8) POSSIBLE
FATHER.—The term ‘possible 
father’ or ‘putative father’ means a man who has 
had sexual relations with a woman to whom he is 
not married and is therefore presumed to know that 
such woman may be pregnant as a result of such re-
lations. 
‘‘(9) SEARCH.—The term ‘search’ means a re-
quest for information regarding the existence of all 
possible fathers related to a child that is the subject 
of a proceeding. 
‘‘(10) STATE
RESPONSIBLE
FATHER
REG-
ISTRY.—The term ‘State Responsible Father Reg-
istry’ means, with respect to a State, the registry es-
tablished or modified and maintained under section 
445C for that State. 
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‘‘(11) PARTICIPATING STATE.—The term ‘par-
ticipating State’ means a State that has entered into 
an agreement with the Secretary under section 
445B. 
‘‘SEC. 445A. NATIONAL RESPONSIBLE FATHER REGISTRY. 
‘‘(a) ESTABLISHMENT AND MAINTENANCE.— 
‘‘(1) IN
GENERAL.—Not later than the date 
that is 180 days after the date of enactment of this 
subpart, the Secretary shall establish and maintain 
an automated National Responsible Father Registry 
that contains the information described in section 
445C(c) and that provides a mechanism for men to 
register such information directly with the National 
Responsible Father Registry. 
‘‘(2) DATA
ENTRY
AND
DELETION
REQUIRE-
MENTS.— 
‘‘(A) DATA
ENTRY.—Information trans-
mitted by a State or a possible father under 
section 445C(d)(2) shall be entered into the 
National Responsible Father Registry not later 
than the date that is 2 business days after the 
date on which such information is received. 
‘‘(B) RESPONSIBLE
FATHER
REGISTRA-
TION.—The Secretary shall establish procedures 
under which a possible father may submit the 
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information described in section 445C(c) di-
rectly to the Secretary for the purpose of in-
cluding such information in the National Re-
sponsible Father Registry. Such procedures 
shall— 
‘‘(i) require the possible father to 
verify by submission of a sworn statement 
or such other means as the Secretary de-
termines appropriate that the information 
submitted is his own personal information 
and that it is true and correct to the best 
of his knowledge; 
‘‘(ii) provide that no fee shall be 
charged to the possible father for reg-
istering in the National Responsible Father 
Registry; and 
‘‘(iii) allow possible fathers to submit 
registrations by mail or electronic means. 
‘‘(C) APPLICATION
OF
FEDERAL
PEN-
ALTIES FOR SUBMISSION OF FALSE INFORMA-
TION.—Any person who knowingly submits 
false information to the National Responsible 
Father Registry directly or indirectly through 
transmission of information submitted to a 
State Responsible Father Registry shall be sub-
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ject to penalties in accordance with the provi-
sions of section 1001 of title 18, United States 
Code. 
‘‘(D) DELETION
OF
DATA.—Information 
entered into the National Responsible Father 
Registry shall remain in the registry for not 
less than 20 years from the date of entry. 
‘‘(3) ACCESS
TO
INFORMATION
IN
THE
NA-
TIONAL RESPONSIBLE FATHER REGISTRY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), access to the information contained 
in the National Responsible Father Registry is 
limited to an eligible party. 
‘‘(B) 
LIMITED
ACCESS
FOR
REG-
ISTRANTS.—Each possible father who registers 
in the National Responsible Father Registry 
may file a search request with the Secretary for 
the limited purpose of confirming that the in-
formation he provided is contained in the Na-
tional Registry. 
‘‘(4) SEARCH REQUESTS.— 
‘‘(A) BY AN ELIGIBLE PARTY.—The Sec-
retary shall accept a request from an eligible 
party to search the National Responsible Fa-
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ther Registry only if the request has been 
verified for authenticity. 
‘‘(B) BY A REGISTRANT.—The Secretary 
shall accept a request from a possible father 
who has registered in the National Responsible 
Father Registry to search the National Respon-
sible Father Registry only if the request has 
been verified for authenticity. 
‘‘(C) FEE.—The Secretary is authorized to 
charge a reasonable fee for a search conducted 
under this section. 
‘‘(5) LIMITATION ON DISCLOSURE OF INFORMA-
TION.—No information contained in the National 
Responsible Father Registry shall be disclosed to 
any person if the disclosure of the information would 
contravene a national security interest of the United 
States or if the disclosure would compromise the 
confidentiality of census data. 
‘‘(6) METHODS FOR REQUESTING A SEARCH OF 
THE NATIONAL DATABASE.—An eligible party may 
request a search under this section either electroni-
cally or through the mail. 
‘‘(7) CERTIFICATE OF SEARCH.— 
‘‘(A) ISSUANCE.—Within 2 business days 
of receipt of a search request, the Secretary 
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shall issue by mail or electronic means a certifi-
cate of search to the person who requested the 
search. 
‘‘(B) CONTENTS
OF
ELIGIBLE
PARTY 
SEARCH.—The certificate of search on behalf of 
an eligible party shall contain— 
‘‘(i) the names and most recent con-
tact information for all possible fathers 
who are registered in the National Respon-
sible Father Registry or registered in any 
participating State Responsible Father 
Registry; 
‘‘(ii) the latest date through which 
data in the National Responsible Father 
Registry has been updated; and 
‘‘(iii) the list of the State Responsible 
Father Registries whose data is included in 
the search database and the date through 
which the data from each participating 
State was last updated. 
‘‘(C) 
CONTENTS
OF
REGISTRANT 
SEARCH.—The certificate of search on behalf of 
a possible father who has registered in the Na-
tional Responsible Father Registry shall only 
contain the information provided to the Sec-
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retary by the registrant himself or provided by 
the registrant to a participating State registry 
and transmitted by that State registry to the 
Secretary. 
‘‘(D) EFFECT OF CERTIFICATE.—A certifi-
cate of search issued under subparagraph (B) 
shall serve as evidence of efforts by the eligible 
party who requested the search to locate a pos-
sible father in order to provide those possible 
fathers identified in the certificate with notice 
of a proceeding. 
‘‘(b) NATIONAL
EDUCATIONAL
CAMPAIGN.—The 
Secretary shall establish a nationwide responsible father-
hood and responsible father registry educational campaign 
that is designed to inform possible fathers, unwed moth-
ers, possible adoptive parents, and eligible parties of the 
existence of the National Responsible Father Registry, the 
advantages of possible fathers registering either in the Na-
tional Responsible Father Registry or a State Responsible 
Father Registry, or both, the rights and responsibilities 
of possible fathers, unwed mothers, possible adoptive par-
ents, and eligible parties with regard to a proceeding, and 
the role of the National Responsible Father Registry and 
a State Responsible Father Registry in a proceeding. 
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‘‘SEC. 445B. AGREEMENTS WITH STATES TO PROMOTE RE-
SPONSIBLE FATHERHOOD. 
‘‘(a) IN GENERAL.—The Secretary shall use all rea-
sonable efforts to encourage States to enter into an agree-
ment with the Secretary to become a participating State 
under this subpart. Such agreements shall— 
‘‘(1) require that the State comply with the re-
quirements for State Responsible Father Registries 
under section 445C; 
‘‘(2) require that the State provide for a proc-
ess under which a registered possible father will re-
ceive notice of a proceeding at the most recent ad-
dress he provided to the registry, within State deter-
mined guidelines and time limits; 
‘‘(3) require the State to provide annual reviews 
and reports to the Secretary on the State Respon-
sible Father Registry, including such information as 
may be necessary to measure compliance with the 
requirements under this subpart; 
‘‘(4) require the State to, in accordance with 
standards prescribed by the Secretary, cooperate 
with other States and the Federal Government to 
assist individuals and governments in their efforts to 
locate and provide notice to possible fathers; 
‘‘(5) encourage the State to establish or des-
ignate a single organizational unit within the State 
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that meets such staffing and organizational require-
ments as the Secretary may prescribe to administer 
the State Responsible Father Registry; 
‘‘(6) encourage the State to enter into coopera-
tive agreements between the State and appropriate 
entities, 
such 
as 
those 
specified 
in 
section 
445C(e)(2), to assist the organizational unit estab-
lished or designated to administer the State Respon-
sible Father Registry; 
‘‘(7) encourage the State to amend its long-arm 
jurisdictional statute to ensure that personal juris-
diction is established in a proceeding for a father 
registered in the National Responsible Father Reg-
istry; 
‘‘(8) encourage States to develop, establish, and 
operate programs that are designed— 
‘‘(A) to improve the protection of the 
rights of possible fathers in a proceeding; 
‘‘(B) to assist mothers in making respon-
sible plans for their children’s future; and 
‘‘(C) to protect the privacy and safety of 
possible fathers and of birth mothers, including 
those who have been the victims of violence, by, 
among other things, enabling birth mothers to 
proceed with an adoption or placement plan 
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without being required to disclose her sexual 
partners; and 
‘‘(9) encourage States to enact laws and regula-
tions to address the pre-birth abandonment of a 
child by the biological father and abandonment of a 
child by the biological father subsequent to birth. 
‘‘(b) GRANTS TO PROMOTE RESPONSIBLE FATHER-
HOOD.—An agreement with a State that meets the re-
quirements of subsection (a) may include a grant to the 
State as provided for under section 445D. 
‘‘SEC. 445C. STATE RESPONSIBLE FATHER REGISTRIES. 
‘‘(a) ESTABLISHMENT AND MAINTENANCE.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
each State that is a participating State under this 
subpart shall provide assurances to the Secretary 
that the State has, or will establish, and will main-
tain an automated responsible father registry that 
meets the requirements of this section. 
‘‘(2) EXISTING
STATE
RESPONSIBLE
FATHER 
REGISTRIES.—A State that has a responsible father 
registry in existence on the date of enactment of this 
subpart and desires to enter into an agreement with 
the Secretary under section 445B shall provide as-
surances to the Secretary that the State will, not 
later than 180 days from the last day of the first 
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regular session of the State legislature that begins 
after the date of enactment of this subpart, modify 
the registry to the extent necessary for the registry 
to meet the requirements of this section with respect 
to responsible fathers who register with the State on 
or after that day. For purposes of the previous sen-
tence, in the case of a State that has a 2-year legis-
lative session, each year of the session is considered 
to be a separate, regular session of the State legisla-
ture. 
‘‘(b) REGISTRATION WITH THE STATE RESPONSIBLE 
FATHER REGISTRY.— 
‘‘(1) 
SUBMISSION
OF
INFORMATION.—The 
State shall establish procedures under which the 
possible father of a child may submit the informa-
tion described in subsection (c) to the State for the 
purpose of including the information in the State 
Responsible Father Registry. Such procedures shall 
provide that, in order for the possible father to be 
entitled to notice of any proceeding, the possible fa-
ther must submit information for inclusion in the 
State Responsible Father Registry within State-de-
termined time limits. 
‘‘(2) VERIFICATION.—The procedures estab-
lished under paragraph (1) shall require the possible 
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father to verify by submission of a sworn statement 
or such other means as the State, in consultation 
with the Secretary, determines appropriate that the 
information submitted is his own personal informa-
tion and that it is true and correct to the best of 
his knowledge. 
‘‘(c) CONTENTS.—With respect to a child, the State 
Responsible Father Registry shall contain information suf-
ficient to identify the possible father, which may include 
(but is not limited to)— 
‘‘(1) the name of the possible father (including 
any other names by which he may be known); 
‘‘(2) the date of birth of the possible father; 
‘‘(3) the Social Security number of the possible 
father, if any; 
‘‘(4) the State of issue and driver’s license 
number of the possible father, if any; 
‘‘(5) the address provided by the possible father 
at which he requests notice; 
‘‘(6) all known telephone numbers for the pos-
sible father; 
‘‘(7) the name and address of the employer of 
the possible father, if any; 
‘‘(8) the name of the mother (including any 
other names by which she may be known); 
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‘‘(9) the most recent address of the mother, if 
known; 
‘‘(10) the date of birth of the mother, if known; 
‘‘(11) the Social Security number of the moth-
er, if known; 
‘‘(12) the State of issue and driver’s license 
number of the mother, if known; 
‘‘(13) the city and State where possible concep-
tion took place; 
‘‘(14) the date or estimated date (or range of 
dates) of possible conception; 
‘‘(15) the birth date of the child or the approxi-
mate delivery date, if known; and 
‘‘(16) the name and gender of the child, if 
known. 
‘‘(d) COLLECTION
OF STATE INFORMATION
AND 
TRANSMISSION TO THE NATIONAL RESPONSIBLE FATHER 
REGISTRY.— 
‘‘(1) COLLECTION.—The State shall collect the 
information described in subsection (c) submitted by 
the possible father and enter such information into 
the State Responsible Father Registry. 
‘‘(2) TRANSMISSION.—Not later than the date 
that is 3 business days after the date on which any 
information described in subsection (c) is entered 
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into the State Responsible Father Registry, the 
State shall furnish such information to the Sec-
retary, in an electronic format designated by the 
Secretary, for purposes of including the information 
in the National Responsible Father Registry. 
‘‘(3) REQUIREMENT.—The procedures estab-
lished under subsection (b)(1) shall include a means 
by which a possible father is informed that the reg-
istry may be used to establish an obligation to sup-
port a child or children. Except as provided in sub-
section (g), registration shall not constitute an ad-
mission of guilt to any crime under Federal or State 
law. 
‘‘(e) ESTABLISHMENT
OF
REGISTRATION
CEN-
TERS.— 
‘‘(1) IN GENERAL.—The State shall establish 
centers in various locations throughout the State so 
that registration forms for the State Responsible 
Father Registry are easily accessible to possible fa-
thers. 
‘‘(2) SITES.—The sites of the centers described 
in paragraph (1) may include (but are not limited 
to) the following: 
‘‘(A) State and local hospitals. 
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‘‘(B) Courthouses in which family courts 
are located. 
‘‘(C) State departments of motor vehicles. 
‘‘(D) State welfare agencies. 
‘‘(E) State health department offices. 
‘‘(F) State vital records offices. 
‘‘(G) State probate courts. 
‘‘(H) State-operated or -sponsored websites 
for each center established in accordance with 
this subsection. 
‘‘(f) METHOD OF SUBMITTING REGISTRATION.—The 
State shall permit a possible father to submit information 
to the State Responsible Father Registry electronically, in 
person, or by mail. The State shall not charge a fee for 
registering in the State Responsible Father Registry. 
‘‘(g) PENALTIES FOR SUBMISSION OF FALSE INFOR-
MATION.—A State shall have in effect a law that provides 
that any person who knowingly submits false information 
to a State Responsible Father Registry shall be guilty of 
the highest class of misdemeanor under State law. 
‘‘(h) ACCURACY OF DATA.—A possible father is solely 
responsible for the accuracy of the information contained 
in his registration and he shall be responsible for updating 
the information, if needed to keep it accurate. The infor-
mation contained in the registration is presumed accurate. 
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Notice regarding a proceeding shall be deemed received 
by the possible father if sent or delivered to him at the 
most recent address he provided in subsection (c)(5). 
‘‘(i) PRIVACY SAFEGUARDS.—The State shall estab-
lish procedures to ensure that the information maintained 
in the State Responsible Father Registry is subject to the 
same privacy safeguards as the privacy safeguards re-
quired under section 454(26). 
‘‘SEC. 445D. GRANTS TO STATES TO PROMOTE RESPON-
SIBLE FATHERHOOD. 
‘‘(a) GRANTS TO STATES.—The Secretary may make 
a grant to a State that enters into an agreement with the 
Secretary pursuant to section 445B to become a partici-
pating State for purposes of— 
‘‘(1) modifying an existing State Responsible 
Father Registry to the extent necessary for the reg-
istry to meet the requirements of section 445C; or 
‘‘(2) establishing a State Responsible Father 
Registry that meets the requirements of section 
445C. 
‘‘(b) CONDITION.—As a condition for receiving a 
grant under this section, a State shall agree to— 
‘‘(1) maintain an automated State Responsible 
Father Registry in accordance with the requirements 
of section 445C; and 
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‘‘(2) support the nationwide responsible father-
hood and responsible father registry educational 
campaign established under section 445A(b). 
‘‘(c) AMOUNT.—A grant made under this section 
shall be in such an amount as the Secretary determines 
appropriate. 
‘‘(d) USE OF FUNDS.—Funds received under a grant 
made under this section may be used to reimburse a par-
ticipating State in whole or in part for costs incurred to 
modify an existing State Responsible Father Registry or 
to establish a State Responsible Father Registry, and to 
reimburse the State in whole or in part for costs incurred 
to satisfy the conditions specified in subsection (b). 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary for fiscal year 2016 and each fiscal year thereafter 
for purposes of making grants to States under this sec-
tion.’’. 
Æ 
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