As more unmarried people choose to have babies, it can be difficult to determine the prenatal rights of fathers. While laws vary between states, unmarried fathers do have some rights about the care or custody of their unborn children. You can establish your position as a father during pregnancy to protect your rights toward your child.
Presumed Father
A presumed father is one who has established paternity of the child in some way, although the exact definition varies by state. In some states, presumed fathers are men who are married to the child's mother during the time of birth; have confirmed paternity in writing; or who financially support the child after birth. A presumed father is entitled to certain rights, even if he is not actively involved during pregnancy. For example, if a mother wants to terminate a presumed father's parental rights, he is entitled to legal notice of the decision before the court process can continue.
Putative Father
If you are not married to your child's mother at the time of his birth, you are considered to be a putative father in most states. The term putative refers to your claim that the child is biologically related to you. The Child Welfare Information Gateway states that a putative father's rights are protected when he has a biological connection and shows a considerable relationship with his child during pregnancy and after birth.
Paternity
Because a presumed father is not always the biological father of a child, you can take a paternity test if you are unsure. Paternity testing may be done before the baby is born. According to the American Pregnancy Association, two different prenatal tests can validate paternity: chorionic villus sampling and amniocentesis. These tests may be done within weeks 10 to 20 of a pregnancy. If you are not married when your baby is born, you may have to sign an acknowledgment of paternity before you can be established as the baby's legal father.
Registry
In many states, putative fathers are not required to have notice if their child is to be placed for adoption. Approximately 23 states offer a putative father registry that requires a search before parental rights can be terminated. For example, if you register as a putative father, and the child's mother is planning for adoption, an initial search of the registry may list you as the child's putative father. The person performing the search is then required to give you notice of the intended adoption.
Considerations
Receiving notice of your child's intended adoption or termination of your rights through the putative father registry does not automatically give you the right to stop the process. It simply means that you have been notified. The court system will determine your suitability as a father before deciding to terminate rights. To be found suitable, you must show that you have been involved in the pregnancy as an interested father. This includes participation in activities such as going to doctor appointments and attending the birth.
