Need Help With an Argument About Putative Fathers

Utah · #1 07-20-2004, 01:36 PM

There are some pretty sharp minds on this board (even though some belong to complete whack jobs LOL) and I was hoping that you could help me with a legal argument I am having with a group of women.

It started when one of them told me there was this legal thing called a putative father registry. I was like "WTF is that!?!". Basically, it is a list that men must signup for or be completely dependant on a woman to tell him that he is the father of a child. Basically, the list needs to be checked before a woman can place a baby for adoption. If a father doesnt sign up for the list he has no recourse if he later finds out the child is his. Here is the kicker, the man man needs to sign up for every woman he has had sex with and he cannot wait for a pregnancy becuase he might not know the pregnancy exists. Basically, it is a law designed to strip birth fathers of their rights and to protect adoptive parents from having to worry about a father claiming his child.

I was shocked to hear about such a thing. Immediately, it was obvious that this was a gross violation of privacy and we would never in a million years force women to register every sexual partner they had. I also couldnt think of another fundamental right that a person actually needs to register for before the right is needed. I mean, it seems as silly as "well, I am sorry that you were shot but you didnt sign the I Dont Want to Be Shot registry".

Unfortunately, I cant really think of any legal defenses to this and it appears that the supreme court is very vague on the topic. This is a very tricky area of law because you are involving the rights of the child and the birthmoter.

Do you agree with this law? If not, how would you attack it legally (or ethically or logically)?

BTW - this doesnt affect me and I have been married for 10 years. I am just curious and a little peeved at such a stupid law imho.

cardcounter0 · #2 07-20-2004, 01:43 PM

Sounds like some perversion of FL Law. Don't know if this actually exists, but that would probably be the State.

Utah · #3 07-20-2004, 01:47 PM

It exists today in about 30 states.

elwoodblues · #4 07-20-2004, 01:52 PM

Does anyone know what a biological father's legal rights are in a situation where the child has been adopted and the biological father later finds out that the child existed? I don't know the answer, but this law might actually give bio-dads greater legal rights than they had under the previous system --- it actually protects them from dishonest mothers.

The alternative to this system is one in which the child is adopted and then "taken back" by the bio-dad. While this is probably better for the father, I doubt that it's better for the child.

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I also couldnt think of another fundamental right that a person actually needs to register for before the right is needed

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What is the fundamental right that you're referring to here (serious question, not just rhetorical)?

HDPM · #5 07-20-2004, 02:03 PM

"and to protect adoptive parents
from having to worry about a father claiming his child."

To some extent this needs to be done. Sure, a father has an interest in kids, but here you are talking about somebody who doesn't even know he impregnated somebody. There is no reason to hurt the child at all because of the irresponsibility of the people who supplied biological material and nothing more. Even if you have rights, the law has always been that in some circumstances you have to do something to protect them or risk losing them. This is one of those situations in that if you want to have a role in your offspring's life you do something to show an interest. Most people show that interest by having enough of a relationship with the women they impregnate to get word they might be a father. In situations like this, I think the right of the kid to have a more stable upbringing is important to protect as against the right of a person who is a father in biology only. That said, I am not sure about all these laws. I am rethinking some things in these areas and don't know the law concerning a lot of it. So my opinions aren't final.

andyfox · #6 07-20-2004, 02:05 PM

http://www.state.il.us/dcfs/adoption...putative.shtml

HDPM · #7 07-20-2004, 02:07 PM

Parental rights and the right to procreate are given huge protection under relevant supreme court cases; parental rights are fundamental rights. I don't know them off hand, but have seen some of the effect in child protection cases, etc... Parental rights even if the parenting is merely biological get extensive protection.

FeliciaLee · #8 07-20-2004, 02:53 PM

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Here is the kicker, the man man needs to sign up for every woman he has had sex with and he cannot wait for a pregnancy becuase he might not know the pregnancy exists.

[/ QUOTE ]
That seems, indeed, quite a violation of privacy. Even if it the information is solely released to "interested parties" in the case, as the Illinois webpage indicates, it could be used against a biological father by the prospective adoptive parents. The biological father could be trapped in many ways. If he doesn't list all of the women he's had intercourse with, he could be attacked on the stand and made to look like a liar. This could happen even if his memory fails and he is trying to be honest. If he does list every women, he could be made to look like an irresponsible sexual deviant or something else that a tricky lawyer could come up with. It's a bad place to be in.

In a related topic, I'm probably not very popular with my gender, but I have always thought that both parties should consent to an abortion, as well. It should not be solely up to the female.

Felicia [img]/images/graemlins/smile.gif[/img]
www.felicialee.net

Sloats · #9 07-20-2004, 03:04 PM

It seems that fathers have rights equivalent to grandparents. Just look at Elian. That shouldn't have even been a discussion. A surviving parent wants his child back and not with an uncle?

Boris · #10 07-20-2004, 03:39 PM

For reasons I don't completely understand, the law is not overly concerned about the biological father. It is more important that a child have consistency. In child support and custody cases, once a father has been designated as the father of a child there is no turning back. So for example, if your spouse or girlfriend had a baby and you thought it was yours, you are that baby's daddy in the eyes of the law. Even if you find out later that you are not the biological father.