Putative Father Registry: State Legislation

While the definition of putative father varies by state, generally a "putative father" is 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 acknowledged that he is the father or established that he is the father in a court proceeding. Some states use registries to give putative fathers an opportunity to file notice of their claims to paternity. In many states, a man who has not filed with the putative father registry will not receive notice of any termination of parental rights and/or any adoption court proceedings regarding
the child.

Following is a summary of state statutes related to putative father registries:

• Approximately, twenty-four states have established a Putative Father Registry where a father can voluntarily acknowledge paternity.
• Thirteen states have provisions for voluntary acknowledgment of paternity through forms that are filed with various entities, including social services departments and registrars of vital statistics.
• In twenty-one states a person may claim paternity to a child by filing an acknowledgment or affidavit of paternity with a court.
• All states offer parents the opportunity to voluntarily acknowledge a child’s paternity until the age of 18.
• Forty-three states make provisions in their statutes that allow putative fathers to revoke or rescind a notice of intent to claim paternity; fourteen states allow revocation at any time.
• In ten states, filing with the putative father registry is the only means for an unmarried father who acknowledges paternity to establish his right to receive notice of court proceedings regarding the child, including petitions for adoption or actions to terminate parental rights.

View the full summary of legislation, Putative Father Registries  (46-page PDF).

For more information, please contact Kelly Crane at 303.856.1372

For more information and materials on father engagement in child welfare cases, visit the website for the National Quality Improvement Center on Non-Resident Fathers and the Child Welfare System.