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Birth Father Rights
State By State
Each state has their own specific laws regarding the rights of the birth father. It is important to talk to an attorney in your state to get legal advice regarding the birth father and none of the below information is or is intended to be legal advice. ‘Escalated’ fathers are those who are married to the birth mother, their name is on the birth certificate, or they have provided support prior to the adoption. In this situation, the consent of the father will typically have to be obtained in order for the adoption to proceed. ‘Alleged’ or ‘Putative’ fathers are probably the most common type of father in a situation where an adoption plan is being made. These are men who are not married to the birth mother, their name is not on the birth certificate, and they have not supported the child.
Many states in the U.S. have putative father registries. This is a legal option for a putative (possible) birth father to protect his right to receive notice of an impending adoption plan by the birth mother. If a man has intercourse with a woman he isn’t married to, and if he wants to protect his right to receive legal notice if she makes an adoption plan, he needs to file with the putative father registry in the state where sex occurred. If he fails to do so within the prescribed period of time for the respective state, he loses his right to receive notice and his rights can therefore be terminated involuntarily. Even in states without registries, there is a time limit for the putative father to object. ‘Unknown’ fathers are those in situations where the birth mother identifies more than one man as a possible birth father or can be the case in a rape situation. Expectant mothers considering adoption are sometimes trying to leave an unhealthy or even abusive situation with the birth father. It will be important for the legal professionals the expectant mother is working with to be aware of her situation so the adoption can be handled in the most legal, secure, and safe manner.
**Much of the content is taken from ‘Adopting in America: How to Adopt Within One Year’ (Revised for 2018-19) by Randall Hicks with input also from several fellows of the Academy of Adoption and Assisted Reproduction Attorneys.
Alabama has a putative birth father registry. Putative birth fathers are required to register no later than 30 days post-birth or their consent is implied. The identity of the men listed with the registry can only be released by court order. Many counties additionally require notice to a putative birth father if known by the birth mother, even if he does not file with the registry. If the putative birth father objects, the court will look at his behavior during the pregnancy and see if he abandoned his responsibilities toward the mother/fetus and if the best interests of the child will be served by adoption.
Alaska has no putative birth father registry. Notice must be given to putative fathers unless they can’t be found. The notice is a 30-day notice of the final adoption hearing. Mere proof of his paternity is often enough to block an adoption if that is the birth father’s desire. If the birth father was actually known and could have been identified but was not given notice, he may have up to two years, even after finalization of the adoption, to contest the adoption.
Arizona has a putative birth father registry but notice is required to any known birth father even if he does not register with the registry. Putative birth fathers must be given notice if identified by the birth mother, or if they are listed with the birth father registry (birth fathers must file with the putative father registry within 30 days of the child’s birth). Alternatively, notice can be served on a putative father prior to the birth, and in such cases, he has 30 days to file a paternity action. Failure to file a paternity action within 30 days, and serve the birth mother notice, results in the putative father having no legal right to bring a court action and his consent is not required.
Arkansas has a putative birth father registry. Notice is only given to birth fathers who file with the registry prior to the filing of the Petition for Adoption. Putative birth fathers who register must additionally show they established a significant relationship with the child, such as a personal, custodial or financial relationship.
California does not have a putative birth father registry. “Alleged” birth fathers (which generally means men not married to the birth mother, not listed on the birth certificate, not legally adjudged the father, and who have never had the child in his home and held out as his own child), must be given notice of alleged paternity and adoption, unless he can’t be located with due diligence. The court can dispense with notice to an unknown or unlocatable alleged father, and terminate his rights in an ex parte proceeding after the child’s birth. The same can be done if the alleged father fails to file a paternity action within 30 days of being served with notice of the pending adoption, or 30 days of the child’s birth, whichever is later. If an alleged father objects in court, he must prove he acted responsibly to meet the birth mother’s needs, and also that he objected promptly to the adoption, within a short time after he knew or should have known about the pregnancy. If he can’t prove he did both these things, the adoptive parents need only prove the child’s best interests are served by being with them, rather than the birth father. If he did do both of those things, the adoptive parents must prove he is unfit in order to terminate his rights. “Unfitness” requires clear and convincing proof of either a serious felony, or abandonment (six months of no support or communication if the child is with a nonparent). Alleged birth fathers wishing to cooperate may sign either a Waiver of Notice or Denial of Paternity before or after the birth, witnessed by a notary or adoption agency social worker, and it can be filed with the court post-birth and result in the ex parte termination of his parental rights without any notice to him.
Colorado does not have a putative birth father registry. Notice must be given to both presumed and putative fathers unless their identity is unknown, then notice must be by publication. Once notice is given, a presumed father has 35 days after receiving notice in which to object. For putative fathers, once notice is given, he has 21 days from the date of the notice, or the date the relinquishment was filed, whichever occurred later, in which to file a reply objecting to his parental rights being terminated and to file a paternity action. If a presumed or putative father elects to object, his rights can only be terminated if proven he failed to establish a substantial and positive relationship with the child, did not promptly take substantial responsibility, is unfit, or cannot personally assume legal and physical custody of the child, taking into account the child’s needs.
Connecticut does not have a putative birth father registry. Notice must be given to any putative father, and if he can’t be located, then notice by publication is required. If he elects to object the adoption can’t proceed without his consent absent a finding of grounds, such as abandonment.
Delaware has a putative birth father registry. A birth father must register either before the birth, or within 30 days after the birth, to be entitled to notice of an action to terminate his rights. Despite the law, must courts still require personal service or notice by publication, even for birth fathers who have not registered with the birth father registry.
The District of Colombia does not have a putative birth father registry. Notice must be given, unless the birth father can’t be located in which case the court will require a notice be published in a newspaper and if he fails to object within the time specified by the court, his consent will be waived. Parental rights are terminated when the adoption is granted.
Florida has a putative father registry where any man may register a claim of paternity at any time prior to the date a Petition for Termination of Parental Rights is filed. Filing with the registry prior to the filing of the Termination of Parental Rights Petition entitles the man to notice. Filing with the registry prior to the time the mother signs a consent would make his consent required, unless his rights are otherwise terminated, such as by a finding of abandonment or he does not also comply with the following requirements: Confirm his willingness and intent to support the child for whom paternity is claimed with the Florida Registry, Upon receiving a notice of an intended adoption plan, he must file an affidavit with the court that he is personally fully able and willing to take responsibility for the child, and set forth plans to care for the child, Pay any court order of child support, Contribute to the living and medical expenses incurred for the mother’s pregnancy and child’s birth in accordance with his ability to pay. For those wishing to assent to the adoption, any man can sign an Affidavit of Non-Paternity, either before or after the birth of the child, or sign a consent after the birth.
Georgia has a putative birth father registry. A putative father must be given notice if his identity is known, or if he has filed with the registry. Upon notice, he has 30 days to file his objection (a Petition to Legitimate the Child) or his rights will be terminated.
Hawaii does not have a birth father registry but does require notice to birth fathers. This notice to putative birth fathers is usually by personal notice, registered mail (return receipt), or publication. If he has not objected at, or prior to, the noticed hearing to terminate his rights, his rights are terminated. If he elects to object, the court will consider the best interests of the child and rules accordingly.
Idaho has a putative birth father registry. A putative birth father must file a paternity action and register that he has done so before termination proceedings are commenced or the natural mother has signed her consent, or he loses his opportunity to object.
Illinois has a putative birth father registry. Any putative birth father, either identified by the birth mother, or who has registered within 30 days after the birth, must be given notice. A putative father may sign his consent pre-birth, but it is revocable for 72 hours after birth. A putative or legal father may also sign a notarized waiver before or after birth if he denies paternity, or chooses to neither admit not deny paternity, and that waiver is normally irrevocable. The IL site to submit a search or register is www.putativefather.org. Registration of a putative father is free; a search costs $75 plus an administrative fee, depending on how you pay. Turnaround is usually no more than 2 business days.
Indiana has a putative birth father registry. Failure of a putative father to register during the pregnancy, or the latter of the filing of the Petition for Adoption or 30 days following the birth, constitutes an irrevocable implied consent to adoption, reliving any requirement to notice. If the child was not conceived in Indiana, there are additional requirements to publish a notice.
Iowa has a putative birth father registry. A putative father may file a Declaration of Paternity with the Department of Vital Statistics. Those who do, or who can be identified by the birth mother as a possible birth father, are entitled to notice. The notice will be of a termination of parental rights hearing.
Kansas does not have a putative birth father registry. Notice must be given to putative fathers, unless due diligence shows they can’t be found. The time of notice before the hearing to terminate parental rights will vary, but is usually 10 to 30 days. If he objects, it must be shown he is unfit, abandoned the child, raped the birth mother, or failed to support the birth mother during the last six months of the pregnancy.
Kentucky does not have a putative birth father registry. Notice is only given to a man married to the birth mother, named on the birth certificate, lived with her during the pregnancy, paid her medical bills, or was identified by her affidavit. Men in these categories will be given 20 days notice in which to file their objection. If he is not known or identified, he has 60 days in which to assert rights.
Louisiana has a putative birth father registry. Notice must be given to any putative fathers who either list themselves with the registry, or who can be identified by the birth mother. If the birth mother signs a pre-birth Notice of Intent to Surrender, notice can be given to the putative father pre-birth, and if he does not object within 15 days from the date of the notice (even if pre-birth) his consent to the adoption will not be required. Alternately, he can be given notice after birth, when the birth mother has signed her surrender, and he is given 15 days from the date of that notice to object.
Maine does not have a putative birth father registry. Putative fathers must be given notice post-birth, then they have 20 days in which to file their objection/paternity action. If they can’t be located, notice by publication is required, which then allows a 35-day period from the first day of publication.
Maryland does not have a putative birth father registry. Notice must be given and if he can’t be found notice by publication is required. Putative father’s consent is deemed waived if they do not object within the notice period which is 30 days if they live in Maryland, 60 days if they live in another state and 90 days if they live in another country. Parental rights are terminated when the adoption is granted.
Massachusetts has a putative birth father registry. The putative father registry requires a parental responsibility claim be filed with the Department of Children and Families, unless the person filing has been adjudicated the father of the child, or his parental rights have been terminated, to receive notice of the surrender or termination of parental rights of the mother of a child born out of wedlock. The filing of the parental responsibility claim must be prior to either the mother’s surrender or termination of her parental rights. The filing serves as an acknowledgement and admission of paternity. M. G.L. c. 210, § 4A. If there has been no filing, notice to the putative father is either service at his last known address or by publication of notice that an action has been filed to terminate his rights. Once served, the putative father must file an appearance and /or objection within a prescribed period of time.
Michigan has something similar to a putative birth father registry, where putative fathers can file a Notice of Intent to Claim Paternity, giving him the right to notice. Notice must also be given to any putative fathers if known to the birth mother. If a putative birth father elects to object and seek custody in court, the court will examine if he attempted to assume parental responsibilities as a threshold inquiry, and then consider the best interests of the child in determining whether to terminate parental rights.
Minnesota has a putative birth father registry. A putative birth father can file anytime up to 30 days after birth. If he fails to register, he is not entitled to notice. If he does register, he must be given notice of his right to initiate a paternity action within 30 days of receiving the notice and he must file a statement of intent to retain parental rights with the court. If he does not do so, he has waived his right to object, unless he can show good cause for his failure to do so. In order for these protections to apply, an adoption petition must be filed.
Mississippi does not have a putative birth father registry. Putative birth fathers are given personal notice, or by publication if they can’t be located, of the action to terminate their parental rights. The putative father’s identity is unknown, the court determines what, if any, notice is required.
Missouri has a putative birth father registry. Putative birth fathers must register no later than 15 days after the birth. There is no independent requirement that birth mothers identify putative fathers. A birth father who fails to either register within 15 days, be acknowledged on the birth certificate, or file a paternity action, is typically found to have waived his right to withhold his consent to the adoption.
Montana has a putative birth father registry.
Nebraska has a putative birth father registry. The birth mother must sign an affidavit identifying all possible putative fathers, who must then be given notice by certified mail or personal service. If he can’t be located, notice by publication can be used. He then has 5 business days from his receipt of notice, or the birth, whichever is later, to file an objection to adoption with the registry. If he does, he has an additional 30 days to file a paternity action. If he fails to do so his rights will no longer be recognized. Legal dads, acknowledged dads, and adjudicated dads have grater rights than putative fathers which must be separately addressed.
Nevada does not have a putative birth father registry. Putative fathers must be given notice of an action to terminate their parental rights. If he can’t be found, publication is required. The best interest of the child is a primary consideration and parental fault (e.g., abandonment, neglect, unfitness, token efforts) must be established by clear and convincing evidence. If a putative father agrees to voluntarily relinquish his parental rights, he may do so prior to the birth of the child unless he is married to the birth mother, in which case he must wait for at least 72 hours after the child is born.
New Hampshire has a putative birth father registry. Putative birth fathers must register prior to the time the birth mother surrenders her parental rights. If he fails to do so, he has lost his right to claim paternal rights.
New Jersey does not have a putative birth father registry. Notice is given to any putative birth father of the pending adoption. He has 120 days after birth, or the date of the preliminary hearing (held 60 to 90 days after the adoption petition is filed), whichever is first, to either amend the birth certificate to be named as the biological father, or file a paternity action. If he does one of these actions he has the right to object and the court will examine his fitness and the best interests of the child. Although there are other procedures to give notice and terminate parental rights, this is the traditional one. This does not preclude the termination of rights of unknown or unfindable birth fathers. Note that a birth mother has the right to refuse to identify a birth father.
New Mexico has a putative birth father registry. Putative fathers are divided into two categories. One category is “acknowledged” fathers (men who filed with the registry, filed a paternity action within 10 days of the birth, or satisfied one of an additional list of requirements too numerous to list), and the other category is “alleged” fathers (men who failed to file with the registry). An action to terminate the rights of an alleged father must be filed with the court, but no notice to the birth father is required. If the birth father is in the acknowledged category, however, notice must be given to him of the intent to terminate his parental rights. If he does not object within twenty days his rights are terminated. If he does object, the court will normally examine his conduct/responsibility toward mother and child and the best interests of the child.
New York has a putative birth father registry. A putative birth father who registers, who is named on the birth certificate, or who is identified by the birth mother in a written sworn statement, must be given notice, giving him the right to offer evidence that he believes adoption is not in the best interest of the child.
North Carolina does not have a putative birth father registry. Notice must be given to putative fathers and they have 30 days in which to object after notice (40 days if notice given by publication). If he elects to object, he must prove he did all of the following things before the Petition for Adoption was filed: acknowledge paternity; communicate with the birth mother; and provide support. There are other things that a putative father can do to preserve his right to withhold Consent (such as legitimation, undertake a support obligation, or receive the child into his home as his child).
North Dakota does not have a putative birth father registry. A putative birth father is entitled to notice and if he can’t be found notice is given by publication. If he elects to object, the adoptive parents must normally prove he is unfit.
Ohio has a putative birth father registry. Putative birth fathers must register no later than 15 days after the birth. If he registers and elects to object a key issue the court will examine is if he supported the birth mother during the pregnancy.
Oklahoma has a putative birth father registry. Notice must be given to birth fathers who are identified by the birth mother, have filed with the registry or timely returned a completed Response to Notice of Plan for Adoption, who cohabited with the birth mother within the 10 months preceding the birth or signed an Acknowledgement of Paternity at the hospital. The notice will be of an action to terminate his parental rights, if any, or of an adoption without his consent (that would result in the termination of his parent rights, if any). If he appears at the hearing and elects to object, he will first have to prove paternity. Then the key issue will usually be if the putative father financially supported the birth mother during the pregnancy to the extent his financial ability permitted. If he claims he had no opportunity to do so, he will have to show he made sufficient efforts to determine if he fathered a child and offered support.
Oregon does not have a putative birth father registry, although men who file a paternity action (called a “filiation” proceeding) must notify the state Vital Statistics office by filing a Notice of Initiation of Filiation Proceedings. Some people incorrectly think of this as a true birth father. Notice must be given to putative birth fathers who have signed a voluntary acknowledgement of paternity with the birth mother, filed a paternity action and filed the required notice with Vital Records, or the birth mother’s affidavit states the birth father did one of the following: has supported or attempted to support the child before and/or after the birth; or lived with the child following the child’s birth. Putative fathers who did not do the above are not entitled to notice.
Pennsylvania has a putative birth father registry. In order to terminate parental rights, one should check the Putative Father Registry. This can be done one of 2 ways. A request can be submitted to the Bureau of Child Support Enforcement to see if there has been a claim made. You can also submit a request through your local county Domestic Relations office as well. Notice is required, unless with due diligence, the man cannot be found. A petition to terminate parental rights must be filed, and his rights severed if he defaults. If he elects to object, the adoptive parents must prove 4 months of abandonment if the child is a newborn, 6 months of abandonment if an older child, rape of the mother, or his inability to parent. A putative birth father can sign a consent to adoption before or after the date of birth, but he may withdraw it within 30 days after the birth, or when he signed the consent, whichever is later.
Rhode Island does not have a putative birth father registry. A putative father is entitled to notice if his whereabouts are known, and if not, notice by publication is required. Notice will be given of a termination of parental rights hearing, and if he fails to appear and object, his rights will normally be terminated.
South Carolina has a putative birth father registry, applicable to unnamed fathers not married to the birth mother. If an unmarried putative father has not been adjudicated to be the father of the child nor recorded on the child’s birth certificate nor openly lived with the child or the mother and held himself out as the father of the child nor been identified by the mother in a sworn written statement then the unmarried biological father’s failure to file a claim of paternity with the registry constitutes an implied irrevocable waiver of the father’s right to notice of any proceedings pertaining to the termination of his parental rights and to the child’s adoption. Such a waiver includes any right to be named as a party in conjunction with a termination of parental rights or any adoption. If a birth father has been identified by adjudication of the Court or appears on the birth certificate, or openly lived with the child or the mother, or identified by the mother in a sworn statement then notice must be given to him. A birth mother may, based on confidentiality grounds, refuse to name the birth father (See Evans v. SCDSS, 399 S.E.2d 156, 1990). If the birth father is named, notice must be given to him and he has 30 days in which to object. If he objects, he will have to establish that (assuming the child was placed for adoption when less than six months of age) he openly lived with the birth mother for a continuous period of six months immediately preceding the placement or paid a fair and reasonable sum for support in connection with the pregnancy and birth of the child. If the child is placed when over six months of age and the father was not married to the birth mother the father’s consent is only required if he has maintained substantial and continuous or repeated contact with the child as demonstrated by payment of support and visitation to the child at least monthly when he is physically and financially able to do so and not prevented by the person having custody.
South Dakota does not have a putative birth father registry. Notice must be given to any putative father identified by the birth mother. If he is unknown, there is a 60-day period in which he must step forward and acknowledge paternity, or his rights will be terminated. For birth fathers who wish to consent, they can appoint a person, often the birth mother, to present his consent at the hearing at which her parental rights are voluntarily terminated.
Tennessee has a putative father registry. The registry must be checked for putative birth fathers ten days prior to filing the Petition for Adoption and the petition to terminate his parental rights. A man who has registered or is on the child’s birth certificate, as well as any man who has claimed to be the father to the child’s biological mother or to the adoptive parents or their attorney or to DCS or a licensed agency or social worker, must be given notice. One ground for granting the action to terminate his parental rights is the putative father’s failure to file a paternity action within 30 days of notice. A putative father may also sign a consent to adoption (in a relative adoption), or a Waiver of Rights and Notice either before or after the child is born.
Texas has a putative birth father registry. Putative birth fathers must register no later than the 31st day of after birth. Any birth father who registers must be given notice of a termination of a parental rights action. A birth father who is then served with a citation must file his response by the first Monday after the elapsing 20 days from notice. An alleged/putative father can sign an Affidavit of Waiver of Interest pre-birth and it is irrevocable upon signing.
Utah has a putative birth father registry. What a putative father must do turns on whether, prior to the birth mother’s execution of her consent, he has knowledge that conception occurred in Utah, or that the mother is residing in Utah, will deliver or has delivered in Utah, or will place the child for adoption in Utah or pursuant to Utah law. If he knows or should know any of these things, the putative birth father must file a paternity action in Utah and register notice of that action with the Utah Office of Vital Records, as well shows as he has paid pregnancy expenses, before the birth mother’s consent is signed, or within 20 days after he learns the facts Utah-related facts, whichever is later. If he fails to file either the paternity action or the notice of the paternity action, he loses his rights. If he does not know or have reason to know any of the Utah-related facts listed above, prior to the birth mother’s consent he must comply with the laws of the state where conception occurred or where the birth mother last resided, to establish parental rights.
Vermont has a putative birth father registry. Putative birth fathers file a notice of their intent to retain parental rights in the probate court. The court then notified the state registry of the filing, which is cross-checked when a Petition for Adoption is filed.
Virginia has a putative father registry. Notice of the registry must be given to any putative birth father named by the birth mother. The notice explains the existence of the registry and that he has 20 days from the date of the mailing to file. If the identity or location of the birth father is not ascertainable, then he is not entitled to actual notice but has ten days after the birth to register with the registry. If he files with the registry he must be given notice of the adoption. The standard at the hearing is the child’s best interests. Birth fathers wishing to agree to the adoption may sign their consent before, or after, the birth before a notary, or may sign a Denial of Paternity.
Washington does not have a putative birth father registry. Putative birth fathers must be given service of notice (usually 20 days if by personal service and 30 days if by publication or if out of state) of a hearing to terminate their parental rights. If they do not appear at the return hearing and object, their rights can be terminated by default. If they do appear and object the court will set the matter for trial. The trial court first asks whether the putative father has failed do perform parental duties showing a substantial lack of regard for parental obligations; evidence must be proven by a clear, cogent, and convincing standard. The court then examines the best interests of the child.
West Virginia does not have a putative birth father registry. Notice must be given to any putative father at his last known address or by publication if unfindable. Notice can be by direct service, certified mail, or publication. The notice is of the final adoption hearing. Birth fathers wishing to consent must wait 72 hours, like birth mothers, to sign a consent.
Wisconsin has a putative birth father registry, of sorts. Two methods are available to adoptive parents to notify birth fathers. The traditional method is to give notice of a termination of parental rights hearing to any putative birth father named by the birth mother. This can be done regardless of the child’s age. The newer method requires notice to all birth fathers of their right to file with the putative birth father registry. If the birth father registers within 14 days of the birth, or 21 days from when notice was received, whichever is longer, he must be given notice of an action to terminate his parental rights. This method is only available when the child is one year of age or less.
Wyoming has a putative birth father registry. Notice must be given to any putative birth father identified by the birth mother, as well as any man listed in the registry. The putative birth father has 30 days in which to file a paternity action. He must also be given notice of the action to terminate his parental rights.