This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.
Delaware, a state located on the East Coast of the United States, recognizes and protects the rights of presumed (putative) fathers through its specific laws and regulations. These laws ensure that fathers have the opportunity to establish and maintain a relationship with their child, as well as protect their rights and responsibilities as parents. In Delaware, a presumed father refers to a man who is alleged to be the biological father of a child born to a woman who is not his wife. To safeguard the rights of presumed fathers, Delaware law provides several avenues through which they can establish and protect their parental rights, including: 1. Voluntary Acknowledgment of Paternity: If an unmarried couple agrees that the man is the father of the child, they can sign a Voluntary Acknowledgment of Paternity (VAP) form. This acknowledgment is a legally binding document that establishes paternity, granting the father legal rights and responsibilities. 2. Petition to Establish Paternity: If there is disagreement about paternity or if the alleged father is uncertain, he can file a petition with the Family Court to establish paternity. The court may order DNA testing to ascertain paternity and based on the results, determine the father's rights and responsibilities. 3. Putative Father Registry: Delaware maintains a Putative Father Registry, allowing unmarried fathers to register their information if they believe they may have fathered a child. Registration provides notification and an opportunity to be heard if the child is placed for adoption. 4. The Right to Notice: Delaware law mandates that presumed fathers must be notified if a child they likely fathered is involved in adoption proceedings. They have the right to participate in such proceedings and contest the adoption if desired. 5. The Right to Custody and Visitation: If paternity is established, presumed fathers in Delaware have the right to request custody or visitation of their child. The court determines custody based on the best interests of the child, considering factors such as stability, parental fitness, and the quality of the parent-child relationship. Delaware provides different legal avenues and rights for presumed fathers to ensure that they have the opportunity to establish and maintain a meaningful relationship with their child. By acknowledging paternity through voluntary acknowledgment, petitioning to establish paternity, or registering with the Putative Father Registry, unmarried fathers can protect their rights, participate in important decisions regarding their child's well-being, and potentially seek custody or visitation arrangements. These measures encourage responsible fatherhood, promote family stability, and prioritize the best interests of the child.
