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Hoping to Adopt Blog

12/27/07

Putative Father Registries

Posted by : Faith Allen in Hoping to Adopt Blog at 05:38 am , 457 words, 457 views  
Categories: Putative Father Registries

On my post, Insecurities about Adopted Child's Relationship with Birthparents, a birthfather left a very sad comment about his own situation. He posted that he has a thirteen-year-old birthdaughter that he just found out about this summer. I cannot even imagine the shock that this man must have gone through, first knowing that he had a child and then that "strangers" were raising that child without him ever relinquishing his parental rights or agreeing to an adoption. However, this late in the child's life, it would be devastating to the child to be removed from her adoptive home to be placed with her biological father.


According to this man's comment, the laws in the child's birth state of Indiana do not require the birthfather to be notified about the adoption if he was unaware of the pregnancy. I did some on-line research to verify the accuracy of this statement, and I found verification in the article Indiana's Putative Father Registry Succeeds.



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Putative father registries were created to prevent another "Baby Jessica" tragedy. In that case, the birthmother identified the wrong birthfather, so the adoption went forward. Later, the child's actual birthfather sought custody, and Baby Jessica was removed from her adoptive home. The putative father registry protects adoptive families from a similar occurrence.


A putative father is a biological father who has neither married the expecting mother nor established paternity of the child. In order to be legally entitled to receive notice of an adoption, he must register with the state either while the expecting mother is pregnant or within a certain period of time after the baby is born. If he registers in a timely manner, then he gets notice and has an opportunity to contest the adoption. If he does not register, then his right to notice is waived, and his consent to the adoption is implied.


The upside to putative father registries is that the adoption can move forward without fear of disruption years later when the biological father seeks to parent the child. It also protects the birthmother from having her name published in the newspaper for a public notice. However, the downside is shown by this man's comment. If the birthmother never tells the biological father about her pregnancy, how can he know that he even needs to put his name on the registry?


From a legal standpoint, I support putative father registries because a child cannot stay in limbo. He needs a home, whether that home is with his biological father or with an adoptive family. However, from a moral standpoint, I do believe that biological fathers need to be notified of the existence of their biological children so they have the opportunity to choose to parent.


Photo Credit: Lynda Bernhardt

Comments, Pingbacks:

Comment from: John [Member] Email
Faith, it certainly sounds like he had no right to know of his daughter legally, so there could be no challenge to the adoption. The father should have a right to know of the birth of his child, but this state seems to fit with the idea that some states have the babies are the exclusive property of the mother. Certainly that was the thinking years ago, and oddly it fits well with the argument that abortion is purely a womans choice, she is the only afftected person. You have a great deal of wisdom Faith, what would you think this father should have now in terms of rights with his daughter, visitation, other contact, or none? I am not a fan of required birthparent contact after adoption, but this one stumps me, what would be fair and right? John
PermalinkPermalink 12/28/07 @ 22:37
Comment from: Ron and Jessica [Member] Email · http://www.ronandjessica.blogspot.com
But if he has intercourse with a woman sin't that his notice that he could be a father? If he then goes to the PFR then he does get the chance to parent if the child turns out to be his right? If he's on the registry he will be notified right? What is really needed is a better effort to educate men about PFR's.
PermalinkPermalink 01/11/08 @ 13:31
Comment from: stephanie92 [Member]
My fiance and I had been engaged for three months when I got an email from an ex-girlfriend of his saying that he had a two year old son. It was news to both of us. He had told me the story when we first started dating. After they had broken up (her decision) she called several months later to tell him that she was pregnant. She said that she had been cheating on him and she did not know who the father was. Despite his attempts to contact her she did not speak to him for another three months. She called and said it was not his baby and she knew for sure. A few months later she was married. We assumed the man she married was the father and never thought of it again. When she emailed me in December she said that she did not want us a part of the child's life she just wanted me to know. Her husband seems nice enough and I'm sure they take great care of the baby, but we had to decide to rip apart his life or let him grow up thinking his real daddy didn't want him. Then we found out that it didn't matter what we decide we have no rights her husband did a step parent adoption. I know the laws are in place to keep men from being able to sleep around with no repercussions, but aren't the women just as guilty?
PermalinkPermalink 07/15/08 @ 08:21
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