The meaning of putative father refers to a man who is alleged or believed to be the biological father of a child, but whose paternity has not been legally established.
The term “putative” comes from the Latin word meaning “supposed” or “reputed.” In simple terms, a putative father is someone who may be the father but lacks formal legal recognition of that status.
This blog outlines the rights of a putative father, and what their options are moving forward.
Putative Father vs. Presumed Father
Understanding the distinction between a putative father and a “presumed father” is critical. A presumed father is somebody who is automatically considered the legal father. This typically refers to a man married to the child’s mother at the time of birth (or conception). In contrast, a putative father under UK law requires additional steps in order to establish legal paternity and the parental responsibility that comes with it.
Does a Putative Father Have Rights?
The question of “does a putative father have rights?” doesn’t have a straightforward yes or no answer. Until paternity is legally established, a putative father has limited rights compared to mothers or fathers with established parental responsibility. However, putative fathers do have the right to:
- Request a DNA test through the courts or the Child Maintenance Service in order to establish paternity.
- Apply to the court for a parental responsibility order.
- Seek contact with their child through family court proceedings.
- Contest adoption proceedings if they are able to prove a biological connection.
Putative Fathers Rights: Taking Action
Putative fathers rights become legally enforceable once paternity is confirmed and parental responsibility is granted. In order to secure these rights, putative fathers should do the following:
- Establish Paternity: This can be done by way of a voluntary acknowledgement from the mother, DNA testing, or court order. Once paternity has been proven, the father can be added to the birth certificate.
- Obtain Parental Responsibility: In the UK, unless their name is entered as the father on the birth certificate, unmarried fathers don’t automatically have parental responsibility. As a result, putative fathers must either reach a parental responsibility agreement with the mother or apply to the court for a parental responsibility order.
- Seek Legal Advice: Navigating family law can be highly complex, especially when relationships have broken down or adoption is being considered. A specialist will be able to help guide you through the process.
Why Putative Father Status Matters
Establishing legal fatherhood affects child arrangement orders, financial responsibility, inheritance rights, and the mental health and sense of identity of the child. For putative fathers facing obstacles seeing their children, or those concerned about adoption proceedings, early legal intervention is essential.
Getting Help with Child Arrangements
If you’re a putative father seeking to establish your rights or secure meaningful contact with your child, professional legal guidance can make all the difference. Our experienced family law solicitors can help you with:
- Child Arrangement Applications: To determine where your child will live and how often you’ll see them.
- Court Proceedings: When agreements cannot be reached with the child’s mother.
- Care Proceedings: If local authority involvement threatens your relationship with your child.
- Adoption Matters: Including step-parent adoption scenarios you may need to contest.
We understand that child arrangements can be emotionally challenging, which is why our sensitive and sympathetic team will support you throughout the legal process.
Contact us today at [David.Connor@whnsolicitors.co.uk]or speak to us at [01706 232039] to discuss your exact situation and better understand your options as a putative father. Alternatively, feel free to fill in out contact form and a member of our family law team will get in touch as soon as possible.
