At Christensen Law, we handle a wide range of family law cases, including a specialty adoption focus. Led by attorney Wesley D. Hutchins, our team guides individuals and families through the intricacies of adoption and paternity law in Utah.  

*We do not provide adoption matching services; instead, our goal is to equip clients with the legal support they need to make informed decisions about their rights and obligations. 

What is a Putative Father? 

A putative father is a man who may be a child’s biological father but is not yet legally recognized as such. This status often arises in adoption cases, where determining paternity can significantly impact the outcome of the legal process. 

You might be considered a putative father if: 

• You were in a relationship with the child’s mother around the time of conception but were not married. 

• You have been informed or believe that a child you fathered is being placed for adoption. 

• You want to have a say in adoption or custody decisions but have not established legal paternity. 

Why Knowing Your Paternity Status Matters 

Understanding whether you are a putative father is crucial for protecting both your rights and your child’s best interests. Your paternity status may affect your ability to: 

1. Receive Notice of Adoption Proceedings: If you are recognized as a putative father or you have registered with Utah’s putative father registry, you are entitled to notice of adoption actions involving your child. 
2. Consent to or Contest an Adoption: A legally recognized father typically must consent to an adoption or, if appropriate, contest it, unless certain exceptions apply. 
3. Establish a Legal Relationship with the Child: Once you confirm paternity, you may seek custody, visitation, or parenting rights, depending on your circumstances and the child’s best interests. 

Legal Implications for Putative Fathers 

Being identified as a putative father carries significant legal implications: 

• Recognition as a Father 

• • Once paternity is confirmed, you gain legal status in your child’s life, including the ability to make or influence major decisions. 

• Rights in Adoption Cases 

• • You may be able to challenge an adoption, request custody, or negotiate an open adoption agreement, where applicable. 

• Responsibilities 

• • Legal fatherhood often comes with financial obligations such as child support, medical coverage or other forms of support. 

• Access to Legal Counsel 

• • Whether you are asserting your rights or responding to adoption proceedings, an experienced attorney can help you navigate strict deadlines, documentation requirements, and court procedures. 

Frequently Asked Questions (FAQs) for Putative Fathers

What should I do if I think I am a putative father? 

• Answer: Register with Utah’s putative father registry (if applicable) and consult an attorney to discuss establishing paternity and protecting your parental rights.

How long do I have to assert my rights? 

• Answer: This varies by state. Many states have strict deadlines—sometimes even before the child is born or within a short window afterward. Missing these deadlines can significantly impact your rights. Consult one of our attorneys for Utah’s deadlines. 

What happens if I do not take any action? 

• Answer: If you fail to establish paternity or register as a putative father within the required timeframe, the adoption could proceed without your knowledge or consent, and you may lose the opportunity to assert your rights in the future. 

Do I need to be married to the child’s mother to have rights? 

• Answer: No. Marital status is not the sole factor in determining parental rights. However, establishing paternity is essential to securing those rights. 

Will I be required to pay child support if I establish paternity? 

• Answer: In most cases, yes. With legal fatherhood comes certain financial responsibilities, including child support, but each situation is unique. Your attorney can help you understand your obligations.

Contact Christensen Law 

If you have questions about your status as a putative father, suspect a child you may have fathered is being placed for adoption, or need assistance in navigating paternity or adoption-related issues, we are here to help.  

• Phone: (801) 303-5800 

• Online Consultation Form: Click here to schedule a consultation 

Our team is committed to protecting your rights and helping you make the best decisions for your child’s future.  

Disclaimer

This webpage is for informational purposes only and does not constitute legal advice. The laws and regulations surrounding putative fathers can vary by state and may change over time. For specific guidance on your circumstances, please contact Christensen Law to consult with an attorney.