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Putative fathers have no legal relationship with the mother and must establish paternity in court to assert parental rights. Foster fathers may have limited rights and can be terminated if the government decides to end them. Paternity laws vary by country and consulting a lawyer is recommended.
A putative father is a man believed to be the father of a child, without any evidence to the contrary, but who has not asserted parental rights. The rights of foster fathers vary by law, but are often scarce. Men who want more rights will have to file in court to establish their identity as the father of the child in question. Some regions maintain databases of foster fathers, registers that allow men to recognize paternity.
The putative father does not have a legal relationship with the mother, such as a marriage which would automatically generate parental authority. The child is illegitimate both because he was born out of wedlock and because the putative father is asserting parental rights over a child following an extramarital affair. In many regions, if alleged fathers want parental rights, they will need to demonstrate a level of involvement with the child, for example by committing to provide care and support.
In cases where mothers want to give their children up for adoption, the government can decide to end the rights of the putative father, sometimes without any notice or possibility of a hearing, if the law allows it. Men who have concerns about their parental rights should research the law carefully and determine if they need to take any further steps. Simply registering the putative father in a registry is usually not enough. The man will also have to go to court to be formally recognized as a father.
Fatherhood can be a very controversial topic, especially in a situation where an adoption or similar event is involved. Tests are available to determine the identity of a child’s genetic father, but this can be expensive and may not be an option. At a hearing, a man can present supporting evidence to prove he is the father, but because this is a civil case, if he cannot afford the court costs, he may not be able to take any legal action to assert his parental rights. Courts do not grant representation to litigants who cannot afford it in civil cases, but only in criminal matters.
Paternity laws vary greatly from country to country. In a situation where a father’s identity might be in doubt or where someone the mother is not close to might be asserting an identity as a foster father, it may be a good idea to consult a lawyer. The attorney can provide advice on how to proceed after discussing the desired outcome with the parties involved. For example, a mother who wants to terminate a foster father’s parental rights to give a child up for adoption or to allow her partner to adopt the child should discuss the matter with the court and a child services agency.
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