Pennsylvania The Rights of Presumed (Putative) Fathers

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This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.

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FAQ

In the United States of America, the putative father registry is a state level legal option for unmarried men to document through a notary public any woman they engage with in intercourse, for the purpose of retaining parental rights for any child they may father.

(b) A putative father is an individual alleged to be the natural father of any child born out of wedlock. If the child was born out of wedlock, then the agency must determine what rights the putative father has regarding the child, in order to determine what action is necessary to free the child legally.

As used in this subchapter: ? ''Father'' means the biological male parent of a child. ''Putative father'' means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child.

In Pennsylvania, the law of presumptive paternity is applied. Under the law of presumptive paternity (the ?Presumption?), generally, a child conceived or born during the marriage is presumed to be the child of the marriage despite the possibility that a husband may not be the true biological father of the child.

If the father does not establish paternity, then he will not be able to make decisions on behalf of the child such as healthcare, education, religion, etc. However, once the courts have validated the petition for paternity, the father is given rights equal to that of the mother and can seek custody and visitation.

A putative father is a man who might be a child's biological father, but is not the legal father. For example, if a man has sex with a woman who he is not married to, and that woman has a child, that man would be a putative father.

Rights as a Father As a parent, the father of a child has rights to that child. For example, a father is entitled to see his child. This means that he can ask the court for physical custody or visitation rights. Pennsylvania offers various forms of physical custody, including sole, primary, partial, and shared.

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Pennsylvania The Rights of Presumed (Putative) Fathers