2009 Introduced State Legislation on Putative Father Registries and Establishing Paternity
As of September 1, 2009
*Citations and summaries of significant legislation appear below. The legislation summaries do not encompass the entire law; click on the citation to view the statute in its entirety. Inclusion of the summaries below should not be construed to mean that such laws represent “best practice” or are in accord with federal law.
At least, twelve (12) states introduced legislation related to putative father registries and establishing paternity. Summaries of the legislation are below, including legislation from Tennessee that would eliminate the state's putative father registry, legislation from Minnesota that determines that any putative father must register in a timely fashion with the state's fathers' adoption registry, and legislation from New Jersey that would establish a registry of paternity.
While the definition of "putative father" may vary by state, generally a putative father is defined as a man who may be a child's father, but who was not married to the child's mother before the child was born and has not established that he is the father in a court proceeding. While the function of a putative father registry may be different in each state, the overall role of the registry is for a putative father to file a notice of his claim to paternity. In many states, a man who has filed with the putative father registry shall receive notice of any termination of parental rights and/or any adoption court proceedings regarding the child.
Summary of Introduced Legislation
| State |
Bill Number and Hyperlink |
Summary |
Sponsor |
Status |
Area of Focus |
| GA |
SB 292 |
Establishes that when a petition to terminate parental rights is submitted to the juvenile court, the petition shall include a certificate from the putative father registry disclosing information of any registrant acknowledging paternity of the child or indicating the possibility of paternity of a child of the child's mother for a period beginning no later than two years immediately preceding the child's date of birth. Establishes that the certificate from the putative father registry shall document a search of the registry on or after the date of the filing of the petition and shall include a statement that the registry is current as of the date of the petition or as of a date later than the date of the petition to terminate parental rights. Determines that a summons to appear in court regarding the termination of parental rights petition shall be sent to the biological father who is a registrant on the putative father registry and has acknowledged paternity of the child or who has indicated possible paternity of a child born to the child's mother during a period beginning two years immediately preceding the child's date of birth. |
Senators Hamrick, Harp, Brown, Ramsey, Sr., and Jones |
Pending |
Putative Father Registry |
| IL |
HB 4220 |
Specifies that a lack of knowledge of the pregnancy or birth is not an acceptable reason for failure to register with the putative father registry, unless that lack of knowledge was due to a fraudulent misrepresentation by the mother. Establishes that a putative father shall register with the Department of Children and Family Services no later than 30 days after the birth of the child, unless circumstances beyond the father's control justify a father's registration at a time in excess of 30 days; however, under no circumstances may a putative father register with the Department on a date that is more than 12 months from the date the consent or surrender was executed. |
Representative Riley |
Pending |
Putative Father Registry |
| IN |
2009 Ind. Acts, SB 280, P.L. 58 |
Requires the clerk of courts to file a notice with the state Department of Health concerning filings of petitions to establish paternity. Requires the notice to include the name and address of the man alleged or alleging to be the father of the child. Establishes that the filing of a paternity action by a putative father does not relieve the putative father from the obligation of registering and the consequences of failing to register. States that when the department of health finds that one or more putative fathers have filed a petition to establish paternity, the department shall submit a copy of each notice prepared by the clerk of the court and include in the affidavit the date the attorney or agency submitted the request. |
Senator Lubbers |
Enacted |
Establishing Paternity |
| MA |
HB 1576 |
Establishes that regulations be promulgated for uniform procedures for providing information to the mother and putative father regarding the benefits and responsibilities of parentage and the taking of acknowledgments of parentage at hospitals, at the clerk of the city or town's office, or by other agencies or departments. States that before a written voluntary acknowledgment of parentage is executed by the putative father and the mother of a child, genetic marker testing shall be performed to determine whether the putative father is the child's father and the results of said testing shall have been made available to the parties unless the mother and putative father have executed a voluntary acknowledgment of parentage with a notarized waiver of genetic marker testing. If the mother and/or putative father is a minor child under the age or eighteen; he or she may voluntarily acknowledge parentage under certain circumstances. |
Representative O'Flaherty |
Pending |
Establishing Paternity |
| MN |
2009 Minn. Laws, SB 1503, Chap. 163 |
Determines that any putative father may register with the fathers' adoption registry. Any limitation on a putative father's right to assert an interest in the child applies only in adoption and termination of parental rights proceedings, and only to those putative fathers not entitled to notice and consent. After a petition has been filed alleging a child to be in need of protection or services or after a petition for termination of parental rights, the court shall issue a notice to a putative father of the child, including any putative father who has timely registered with the Minnesota Fathers' Adoption Registry. Neither summons nor notice of a termination of parental rights matter or other permanent placement matter is required to be given to a putative father who has failed to timely register with the Minnesota Father's Adoption Registry. |
Senator Torres Ray |
Enacted |
Putative Father Registry |
| MO |
HB 10 |
Appropriates money for the Putative Father Registry Fund in the Department of Health and Senior Services. |
Representative Icet |
Enacted |
Putative Father Registry |
| NJ |
AB 809 |
Establishes a registry of paternity in the State IV-D Agency. A man who desires to be notified of a proceeding for adoption of, or termination of parental rights regarding, a child that he may have fathered shall register in the registry of paternity before the birth of the child or within 30 days after the birth. A man is not required to register if: a father-child relationship between the man and the child has been established; or (2) the man commences a proceeding to adjudicate his paternity before the court has terminated his parental rights. A registrant shall promptly notify the registry in a record of any change in the information registered. The State IV-D agency need not seek to locate the mother of a child who is the subject of a registration, but the State IV-D agency shall send a copy of the notice of registration to a mother if she has provided an address. Information contained in the registry is not a public record. It is confidential and may be released on request only to specific individuals or authorized agencies. A registrant may rescind his registration at any time by sending to the registry a rescission in a record signed or otherwise authenticated by him, and witnessed or notarized. If a man registers more than 30 days after the birth of the child, the State IV-D agency shall notify the registrant that on its face his registration was not filed timely and therefore is not effective. |
Assembly Member Gusciora |
Pending |
Putative Father Registry |
| NM |
2009 N.M. Laws, SB 463, Chap. 215 |
Enacts the state "Uniform Parentage Act' and provides for determination of paternity. Defines the putative father registry and it's purpose and ensures that the putative father registry is also the registry of paternity established pursuant to the Uniform Parentage Act. |
Senator McSorley |
Enacted |
Putative Father Registry |
| NY |
AB 7443 |
Defines parent as the mother of the child and includes the father of the child where the father is listed in the putative father registry; determines that either the parent or the child is receiving public assistance. Specifies that when a male, listed in the putative father registry, is eligible to attend public school, such fact shall be noted and the listing in the registry may be disclosed to any public school that such male is attending. |
Assembly Member Miller |
Pending |
Putative Father Registsry |
| NY |
AB 6092 |
Companion to SB 2950. Specifies, among other provisions, that when sustaining or dismissing a petition alleging a child is an abandoned infant a record of the inquiry results made to the putative father registry must be provided. |
Assembly Member Paulin |
Pending |
Putative Father Registsry |
| NY |
SB 2950 |
Companion to AB 6092. Specifies that when sustaining or dismissing a petition alleging a child is an abandoned infant a record of the inquiry results made to the putative father registry must be provided. |
Senator Klein |
Pending |
Putative Father Registsry |
| NY |
SB 3865 |
Determines that notices to non-marital fathers in adoption, surrender, termination of parental rights proceedings and consents to adoptions in family and surrogate courts must be made and that a certified copy of the court order must be filed with the putative father registry. |
Senator Montgomery |
Pending |
Putative Father Registsry |
| RI |
SB 574 |
Establishes a putative father registry within the Department of Health and establishes the procedures and fees related to the registry. Allows a putative father who desires to be notified of a proceeding for the adoption of or the termination of parental rights regarding a child to register with the putative father registry. |
Senator Sosnowski |
Pending |
Putative Father Registsry |
| TN |
HB 362 |
Companion to SB 244. Eliminates the putative father registry. |
Representative Dennis |
Pending |
Putative Father Registsry |
| TN |
SB 244
|
Companion to HB 362. Eliminates the putative father registry. |
Senator Gresham |
Pending |
Putative Father Registsry |
| VA |
2009 Va. Acts, HB 2159, Chap. 805 |
Provides that a court may grant a petition for adoption in the absence of consent by a parent, pending notification to any non-consenting parent, if the court finds this in the best interest of the child. Determines that if the identity of the birth father is reasonably ascertainable, but the whereabouts of the birth father are not reasonably ascertainable, verification of compliance with the putative father registry shall be provided to the court. Additionally, in such the event that the identity and whereabouts of the birth father are reasonably ascertainable, written notice of the existence of an adoption plan and the availability of registration with the putative father registry shall be provided by certified mailing to the man's last known address. |
Representative Toscano |
Enacted |
Putative Father Registsry |
For more information, please contact Kelly Crane at kelly.crane@ncsl.org
For more information and materials on father engagement in child welfare cases, visit the website for National Quality Improvement Center on Non-Resident Fathers and the Child Welfare System.
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