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What is the Putative Father Registry in Florida?

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Mothers are guardians of their children by virtue of birth, but the process can be more complicated for men. If a man is married to the mother at birth, then the state will presume that he is the father. An unmarried man, however, needs to take affirmative steps to establish paternity.

One option is to register with the Putative Father Registry in Florida. This is a private, state-run registry where unmarried men can preserve their legal rights. We look closer at the registry in this article.

What is the Registry and Why Do We Need It?

The Putative Father Registry allows men who think they might have fathered a child to register. You can register before the child is even born.

The purpose of the Putative Father Registry is to protect a man’s parental rights by giving him notice if the mother puts the child up for adoption or a stepparent tries to adopt the child. Without the registry, a man would have no notification of these events, and he would not be able to timely object to any attempted adoption.

The Putative Father Registry is a simple, private way for men to assert some right in the child without initiating a full-blown paternity suit. Many men register before the child is even born, which entitles them to notification if the mother puts the child up for adoption.

By registering, a man is not given legal rights. The registry is not a way to establish paternity. Instead, it simply provides a convenient way for men to receive notification in the future, allowing them to assert their rights, if necessary.

Adoption typically requires the consent of both birth parents. You could object and instead establish timesharing and child support.

Here are some common questions we receive about the Putative Father Registry:

  • Is my name put on the birth certificate? No. You are not listed, which means you will need to take other steps if you want to establish paternity.
  • When can I register? You can register at any time. However, you must register before a petition for termination of parental rights is filed. At that point, it is too late to use the registry, although you may object to the termination of parental rights in court.
  • Is my registration truly confidential? Yes. The information is released only in limited situations. You should consult an attorney if you have questions.
  • What if I do not want to assert paternity? You are not obliged to register. Of course, by refusing to register, you are not shielded from being found the father. The mother could start a paternity suit and ultimately have paternity established against your will.

The purpose of the registry is to give possible fathers a chance to assert their rights if and when a mother puts a child up for adoption or a stepparent moves to adopt the child.

Speak with a Miami Paternity Lawyer

Hamilton O’Neill is a prominent family law firm which can handle a paternity action on behalf of a man or mother. Contact us if you’d like to schedule a consultation. A Miami paternity lawyer with our firm is happy to assist.

Source:

floridahealth.gov/certificates-records/birth-certificates/putative-father-registry/