A putative father is a man who is believed to be the father of a child or who has formally asserted the possibility of paternity but for whom paternity has not been legally established. For Florida adoption, a man who files a Claim of Paternity in the Florida Putative Father Registry has the right to notification of adoption proceedings. They also have responsibilities and duties to the child.
What Does Putative Father Mean?
A putative father is an unmarried man who claims to be the biological father of a child, but the man has not yet been established as the legal parent. The putative father is likely, assumed, or reputed to be the biological father.
Putative father—a legal term
In Florida adoption law, the term putative father has legal significance. A man must take steps to become a putative father, and rights and responsibilities are associated with this position.
A person doesn’t become a putative father by the mother’s verbal agreement or by posting it on social media. Instead, they must file a form with the State of Florida asserting themselves as a putative father.
What Are the Rights of a Putative Father in Florida?
A putative father has the right to:
- File a claim of paternity with the Florida Putative Father Registry
- Receive notice of adoption proceedings
- Seek paternity of the child along with parental responsibility
- Consent to adoption of the child and termination of parental rights
The father pays a fee ($9 as of this writing) to file the claim.
A father’s putative rights in Florida are not automatic. The mother must name the father as a potential father, or they must file with the Florida Putative Father Registry.
Florida Putative Father Registry
Florida Putative Father Registry, Florida Department of Health, Bureau of Vital Statistics
DH 1965, Claim of Paternity
What is the law for putative fathers in Florida?
Florida Statutes § 63.054 says that an unmarried father must act to establish parental rights. They must preserve their right to notice and consent to adoption.
When can someone file to be a putative father in Florida?
A person can file the putative father form in Florida at any time before the child’s birth or until a termination of parental rights petition has been filed. There is an exception. Suppose the mother identifies the man as a potential biological father when executing consent for adoption, and he is served with an intended adoption plan. In that case, he has until the 30-day mandatory response date. The Bureau of Vital Statistics may not accept a filing after the deadline.
Does a father need to file with the Florida Putative Father Registry if they are married to the child’s mother?
No. You are legally the child’s father.
What is an Acknowledgement of Paternity?
An acknowledgment of paternity is a legal document in which both the mother and father agree to establish paternity for a child. Once legal paternity is established, the father has the right to notice of adoption proceedings.
What Prospective Adoptive Parents Need To Know
- If a man has filed with the Putative Father Registry, the man must be given notice of the adoption proceedings.
- This notice doesn’t mean the adoption will not go through. The man may still consent to the adoption.
- If the man is going to parent the child, they must be willing and able to provide for the child, including paying child support. You may still file for termination on the grounds of abandonment of the child, threats to the child, parental incarceration, and other grounds.
- As part of the adoption proceedings, you must show that you have searched the Putative Father Registry.
- Filing the petition to terminate parental rights ends the filing timeline for a father. It’s important to complete the adoption steps promptly and to ensure the filing paperwork is correct.
- You may have an attorney represent you and assist you in adoption proceedings.
What Potential Biological Fathers Need To Know
- If you may want to claim paternity of the child, you should file with the Florida Putative Father Registry.
- You may revoke your filing.
- Filing gives you rights, but it also gives you obligations. You must be willing to support the child.
- Filing does not automatically place you on the child’s birth certificate. You may be added later if you establish legal paternity.
- By filing, you agree to pay for DNA testing to determine if you are the child’s father.
Talk to a Lawyer
We invite you to contact us. Call to talk to Attorney Clay H. Whittaker at Gulf Coast Adoptions.