This publication discusses the rights of the alleged fathers of children born out-of-wedlock and whether states have registries for such fathers.
West Virginia The Rights of Presumed (Putative) 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.
The biological father is the man who contributed half of the child`s genetic makeup. The legal father may not be the biological father. The legal father is the man the law recognizes as the father of the child.
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.
State putative father registries are intended to protect the non marital father from fraud by providing him with legal notice of a planned adoption of a child, provided he registers within a limited time-frame, usually any time prior to the birth or from 1 to 31 days after a birth.
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.
The term ?legal father? generally refers to a man married to the mother at the time of conception or birth of their child or whose paternity has been otherwise determined by a court of competent jurisdiction.
In West Virginia, paternity is what gives a father the right to request custody and visitation with his child. And once paternity is established, the father is legally obligated to provide financial support to his child.
How long do the mother and father have to establish paternity? The mother and father can establish paternity for the child up until the child's 18th birthday, or 21st birthday if actions are brought by the child.