While there isn't a uniform legal definition of "father" in state statutes across the country, many states have definitions for different categories of fathers, including "putative father" and "presumed father." Depending on what category you fall into, you may have different rights and responsibilities regarding the child and may need to follow certain procedures to establish paternity.
"Putative" Father
"Putative father," in general, means a man who hasn't legally established a relationship to a child but who's alleged to be or claims to be the biological father of a child who was born to a woman to whom he wasn't married at the time. In general, a man may be presumed to be the father of a child if one of the following is true:
Establishing Paternity
Many states provide for a father to voluntarily acknowledge paternity or the possibility of paternity of a child born out of wedlock and to record the acknowledgment in a putative father registry. Registration with a putative father registry or acknowledgment of paternity may grant a father certain rights, including the right to receive notices of adoption and actions to terminate parental rights. A father who's acknowledged paternity may also seek visitation with the child and may be required to provide support to the child.
Often a father may claim paternity of a child by filing a paternity affidavit with a court. Paternity of a child born out of wedlock can be established by court order. Additionally, many state courts may establish paternity when genetic testing determines that a man is the biological father of a child. A man who's legally established to be a child's father is held responsible for his share of support. If the father doesn't volunteer support, he may be compelled to do so through a paternity suit. In addition, a father who's asserted paternity may refuse his consent to adoption.
Legal Definition of "Father" by State: Overview
Below, summaries are provided of state laws that legally define the term "father."
| Alabama | An acknowledged father is a man who has established a father-child relationship. An alleged or putative father is a man who alleges himself to be the father of a child but whose paternity hasn't been determined. A man is presumed to be the natural father of a child under certain circumstances, including:
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| Alaska | Presumed father under Alaska court practice: If a child is born while the mother is married, the husband is automatically considered to be the legal father. |
| Arizona | A man is presumed to be the father of a child if:
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| Arkansas | Father means the biological male parent of a child. Putative father means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child. |
| California | "Natural parent" means a nonadoptive parent, whether biologically related to the child or not. "Parent and child relationship" means the legal relationship existing between a child and the child's parents incident to which the law confers or imposes rights, privileges, duties, and obligations. This section doesn't preclude a finding that a child has more than two parents. A person is presumed to be the natural parent of a child under certain conditions, including the presumed parent and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated. |
| Colorado | A man is presumed to be the natural father under certain circumstances, including when:
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| Connecticut | "Father" means a man who is a father under the law of this State, including a man who, in accordance with Sec. 46b-172, executes a binding acknowledgment of paternity and a man determined to be a father under chapter 815y. |
| Delaware | An acknowledged father is a man who has established a father-child relationship under subchapter III of this chapter. An adjudicated father is a man who has been adjudicated by a court of competent jurisdiction to be the father of a child. An alleged father is a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. A presumed father is a man who, by operation of law under Sec. 8-204 of this title, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding. |
| Florida | The term "parent" means a woman who gives birth to a child and a man whose consent to the adoption of the child is required under Sec. 63.062(1). Written consent must be executed by the father of the minor, if:
In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes, and has complied with all requirements. The term "putative" father means an individual who is or may be the biological father of a child whose paternity has not been established and whose mother was unmarried when the child was conceived and born. |
| Georgia | The biological father is the male who impregnated the biological mother resulting in the birth of the child. The legal father is a male who:
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| Hawaii | A man is presumed to be the natural father of a child in certain circumstances, including:
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| Idaho | The term "parent" means: The birth mother or the adoptive mother; the adoptive father; the biological father of child conceived or born during the father's marriage to the birth mother; the unmarried biological father whose consent to an adoption of the child is required pursuant to Sec. 16-1504. A "presumptive father" is a man who is or was married to the birth mother and the child is born during the marriage or within 300 days after the marriage is terminated. An "unmarried biological father" means the biological father of a child who was not married to the child's mother at the time the child was conceived or born. |
| Illinois | A man is presumed to be the natural father of a child if:
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| Indiana | An "alleged father" is any man claiming to be or charged with being a child's biological father. A "parent" is a biological or an adoptive parent. Unless otherwise specified, the term includes both parents, regardless of their marital status. For the purposes of various chapters the term "parent" includes an alleged father. A "putative father" is a male of any age who is alleged to be or claims that he may be a child's father but who: Is not presumed to be the child's father; Has not established paternity of the child before the filing of an adoption petition either in a court proceeding or by executing a paternity affidavit. |
| Iowa | A "father" means the male, biological parent of a child. A "putative father" is a man who is alleged to be or who claims to be the biological father of a child born to a woman to whom the man is not married at the time of the birth of the child. |
| Kansas | A man is presumed to be the father of a child under certain circumstances, including:
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| Kentucky | A "parent" is a biological or adoptive mother, a father of a child born in wedlock, or a father of a child born out of wedlock if paternity has been established in a judicial proceeding or in any manner consistent with the laws of this or any other State. |
| Louisiana | A "parent" means any living person who is presumed to be a parent under the Civil Code or a biological or adoptive mother or father of a child. |
| Maine | "Parent" means the legal parent or the legal guardian when no legal parent exists. "Putative father" means a man who is the alleged biological father of a child but whose paternity has not been legally established. "Alleged father" means: A man who is alleged to have engaged in sexual intercourse with a child's mother during a possible time of conception of the child; A man who is presumed to be a child's father under the Maine Rule of Evidence, Rule 302. |
| Maryland | A child born to parents who have not participated in a marriage ceremony with each other shall be considered to be the child of his or her mother. A child born to parents who have not participated in a marriage ceremony with each other shall be considered to be the child of his or her father only if the father:
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| Massachusetts | A man is presumed to be the father of a child in certain circumstances, including:
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| Michigan | A "father" is the man who signs an acknowledgment of parentage of a child. If a child is born of wedlock, a man is considered to be the natural father of that child if the man joins with the mother of the child and acknowledges that child as his child by completing a form that is an acknowledgment of parentage. |
| Minnesota | A man is presumed to be the biological father under certain circumstances, including:
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| Mississippi | A "parent" is the father or mother to whom the child has been born, or the father or mother by whom the child has been legally adopted. |
| Missouri | A man is presumed to be the natural father of a child in certain circumstances, including: He and the child's natural mother are or have been married to each other and the child is born during the marriage or within 300 days after the marriage is terminated; |
| Montana | The term "birth parent" means the woman who gave birth to the child or the father of genetic origin of the child. The term "parent" means the birth or adoptive mother or the birth, adoptive, or legal father whose parental rights have not been terminated. The term "putative father" means an individual who may be a child's birth father but who:
The term "putative father" includes an individual who:
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| Nebraska | No legal definition of father provided. However, the Nebraska Department of Health and Human Services maintains a biological father registry. |
| Nevada | The term "putative father" means a person who is or is alleged or reputed to be the father of an illegitimate child. A man is presumed to be the natural father of a child under certain circumstances, including if:
A conclusive presumption that a man is the natural father of a child is established if tests for the typing of blood or tests for genetic identification show a probability of 99 percent or more that he is the father. That presumption may be rebutted if he establishes that he has an identical sibling who may be the father. |
| New Hampshire | The term "birth father" means a person or persons other than a legal father who has been named, pursuant to Sec. 170-B:6, as the father of the child, or who is the subject of a pending paternity action, or who has filed an unrevoked notice of intent to claim paternity of the child pursuant to Sec. 170-B:6. The term "legal father" means:
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| New Jersey | The term "parent" means a birth parent or parents, including the birth father of a child born out of wedlock who has acknowledged the child or to whom the court has ordered notice to be given. A man is presumed to be the biological father of a child in certain circumstances, including if:
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| New Mexico | The term "acknowledged father" means a father who:
The term "alleged father" means an individual whom the birth mother has identified as the biological father, but the individual has not acknowledged paternity or registered with the putative father registry. The term "presumed father" means:
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| New York | No legal definition of father provided. However, the New York Dept. of Social Services maintains a paternity registry. |
| North Carolina | No legal definition of father provided. However, the state maintains a paternity registry. |
| North Dakota | An "acknowledged father" is a man who has established a father-child relationship under Sec. 14-20-11 through 14-20-24. An "adjudicated father" is a man who has been adjudicated by a court of competent jurisdiction to be the father of a child. An "alleged father" is a man who alleged himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include: A presumed father; A man whose parental rights have been terminated or declared not to exist; A male donor. A "presumed father" is a man who, by operation of law under Sec. 14-20-10, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding. A man is presumed to be the father of a child in certain circumstances, including if:
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| Ohio | A man is presumed to be the natural father of a child in certain circumstances, including:
The term "putative father" means a man, including one under age 18, who may be a child's father and to whom all of the following apply:
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| Oklahoma | The term "putative father" means an alleged father. For purposes of the Uniform Parentage Act: An "acknowledged father" is a man who has established a father-child relationship by signing an acknowledgment of paternity under Article 3 of the Uniform Parentage Act; An "adjudicated father" is a man who has been adjudicated by a court of competent jurisdiction to be the father of a child; An "alleged father" is a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined; A "presumed father" is a man who is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding. |
| Oregon | A man is rebuttably presumed to be the father of a child if: He and the woman were married to each other at the time of the child's birth, without a judgment of separation, regardless of whether the marriage is void; He and the woman were married to each other, and the child is born within 300 days after the marriage is terminated. |
| Pennsylvania | For purposes of prescribing benefits to children born out of wedlock by, from, and through the father, paternity shall be determined by any one of the following ways:
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| Rhode Island | A man is presumed to be the natural father of a child in certain circumstance, including if:
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| South Carolina | The father of a child born when the father was not married to the child's mother may establish the right to receive notice of an adoption proceeding in certain circumstances, including:
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| South Dakota | The term "parents" means the mother and father, if living, of a child. The term "putative father" means any person who claims to be, or is named as, the biological father or a possible biological father of a child and whose paternity of the child has not been judicially determined. |
| Tennessee | "Father" means the biological father of a child born out of wedlock. "Parent" means the biological mother or biological father of a child, regardless of the marital status of the mother and father. A man is rebuttably presumed to be the father of a child in certain circumstances, including if:
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| Texas | An "adjudicated father" is a man who has been adjudicated by a court to be the father of a child. A "presumed father" is a man who, by operation of law under Sec. 160.204, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding. A man is presumed to be the father of a child in certain circumstances, including if:
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| Utah | "Adjudicated father" means a man who has been adjudicated by a tribunal to be the father of a child. "Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. "Declarant father" means a male who, along with the biological mother, claims to be the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's paternity. "Determination of parentage" means the establishment of the parent-child relationship by the signing of a valid Voluntary Declaration of Paternity or adjudication by a tribunal. |
| Vermont | A "parent" is a person who is legally recognized as a mother or father or whose consent to the adoption of a minor is required under Sec. 2-401(a)(1)-(4) or (6) of this title. The term does not include a person whose parental relationship to a child has been terminated judicially or by operation law. |
| Virginia | A man shall be presumed to be the father of a child in certain circumstances, including if:
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| Washington | "Acknowledged father" means a man who has established a father-child relationship. An "adjudicated parent" means a person who has been adjudicated by a court to be the parent of a child. An "alleged parent" means a person who is alleged to be the genetic parent but whose parentage has not been determined. "Presumed parent" means a person who is recognized as the parent of a child until that status is rebutted or confirmed in a judicial proceeding. A person is presumed to be the parent of a child in certain circumstances, including if:
A person is presumed to be the parent of a child if, for the first 2 years of the child's life, the person resided in the same household with the child and openly held out the child as his or her own. |
| West Virginia | The term "birth father" means the biological father of a child. The term "determined father" means, before adoption, a person:
The term "legal father" means, before adoption, the male person having the legal relationship of parent to a child:
The term "outside father" means the biological father of a child born to or conceived by the mother while she is married to another man who is not the biological father of the child. |
| Wisconsin | The term "parent" means either a biological parent, a husband who has consented to the artificial insemination of his wife, or a parent by adoption. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry, "parent" includes a person acknowledged under Sec. 767.805 or a substantially similar law of another State or adjudicated to be the biological father. The term "parent" does not include any person whose parental rights have been terminated. A man is presumed to be the natural father of a child if he and the mother have acknowledged paternity under Sec. 69.15(3)(b) and no other man is presumed to be the father under Sec. 891.41(1). |
| Wyoming | A "parent" is the child's father or mother whose parental rights have not been judicially terminated. A "putative father" is the alleged or reputed father of a child born out of wedlock, whether or not the paternity rights and obligations of the father have been judicially determined. |
Get Professional Legal Help with Your Paternity Concerns
As discussed above, the legal definition of "father" differs from state to state, as does the process for establishing paternity. In order to protect your rights and better understand your responsibilities, you may need additional legal help. Consider getting the counsel of a family law attorney near you and get some peace of mind.
