This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.
New Jersey The Rights of Presumed (Putative) Fathers: A Comprehensive Guide Introduction: New Jersey recognizes the significance of a father's role in a child's life and consequently provides legal safeguards for presumed (putative) fathers. This comprehensive guide aims to shed light on the rights and responsibilities accorded to putative fathers in New Jersey, outlining the legal framework and addressing key aspects of this matter. Understanding the Term "Putative Father": In New Jersey family law, a putative father refers to a man who may be the biological father of a child born out of wedlock but has not established legal paternity. Unlike a legal father, a putative father's rights and obligations differ until paternity is legally established. The Importance of Establishing Paternity: Establishing paternity in New Jersey is crucial for both the child and the putative father. It grants certain rights and responsibilities, such as participating in important decisions regarding the child's upbringing, custody, visitation, and financial support. Rights of Presumed (Putative) Fathers: 1. Notification of Adoption Proceedings: Under New Jersey law, putative fathers must receive notification if the mother seeks to place the child for adoption. This provision ensures that putative fathers have an opportunity to contest the adoption and assert their parental rights within a specified timeframe. 2. Access to Information: Putative fathers have the right to access key information related to the child's health and welfare, including medical records. This allows them to stay involved in the child's life, make informed decisions, and contribute to their overall well-being. 3. Petitioning for Paternity Testing: Putative fathers can file a petition with the court to establish their paternity scientifically using DNA testing. This helps resolve any uncertainties and legally establishes the father-child relationship, entitling the putative father to various associated rights and responsibilities. 4. Seeking Custody or Visitation: Once paternity is established, putative fathers in New Jersey can seek custody, visitation, or parental rights, provided it is in the best interest of the child. The court determines these matters by considering factors such as the bond between the child and father, the father's ability to provide a stable environment, and the child's preferences. Types of New Jersey The Rights of Presumed (Putative) Fathers: 1. Unmarried Putative Fathers: This refers to men who father a child out of wedlock, whether knowingly or unknowingly. Unmarried putative fathers have the opportunity and responsibility to establish their paternity and assert their rights through legal procedures. 2. Absent Putative Fathers: These are putative fathers who are not actively involved in the child's life due to various reasons, such as separation, distance, or other personal circumstances. Absent putative fathers maintain their rights and must be notified of any adoption proceedings and provided relevant information. Conclusion: New Jersey recognizes the importance of the father-child relationship and provides legal protections to presumed (putative) fathers. By understanding and asserting their rights, putative fathers can actively participate in their child's upbringing, make informed decisions, and contribute to their child's overall well-being. Establishing legal paternity is a crucial step, granting fathers various rights and responsibilities that promote a healthy and nurturing relationship with their child.
