In Indiana, like many states, a husband is presumed to be the biological father of any child born during a marriage. This means that unmarried men must establish paternity if they wish to establish themselves as the legal father of a child. This process is called establishing yourself as the putative father. The putative father is a man who is the biological father of a child but is not yet recognized as the legal father. An example is the case in which a boyfriend is the father of the child of a pregnant woman.
Establishing oneself as the putative father is important because the lack of the paternal presumption allows the mother to place the child up for adoption before the man has taken steps to establish his paternity in the eyes of the court. If the child is adopted, the man’s rights to be the child’s father are possibly extinguished. To avoid this situation, Indiana has established the putative father registry.
The Registry
The registry is a way for a man who believes he is the father of a child to “tell the world” that he believes he is the father. If the mother then decides to place the child up for adoption, the father will get notice of the proposed adoption before it occurs. A man who is married to the mother of the child has the favor of the paternal presumption and therefore would not need to register. The registry is beneficial for men who are not married to the mother of the child. The registry’s purpose is to provide notice to the man who might be the father if an adoption has been filed.
It is simple to file on the registry. A man who wants to register should fill out the Indiana putative father registry form and fax or mail it to the Indiana State Department of Health Vital Records Division. The signature must be notarized on this form. Filing should be done immediately or within 30 days of the child’s birth or by the date of the filing of an adoption petition, whichever is later. It is also possible to register prior to the birth of the child.
Keep in mind that filing for paternity is different than filing on the registry. If you are found to be the father in a paternity suit, then you are the legal father of the child and you will have the rights of custody, visitation, and possibly the obligation of child support to the child. The registry is a means that allows the unmarried man who believes he is the father to become the putative father of a child and to protect himself against losing the opportunity to establish himself as the legal father. The putative father may be the biological father but is not yet recognized as the legal father in the eyes of the court.
Consult a Family Law Attorney
If you have questions regarding paternity or the Putative Father Registry, contact Attorney Christopher L. Arrington. With years of experience assisting parents in family law and child custody matters, Attorney Arrington works tirelessly in helping his clients. Contact our office today to discuss your legal matter.