A birth of a child should be a celebrated event. But sometimes the parents decide to put the child up for adoption and sometimes the mother without the father’s consent puts the child up for adoption. If this happens it can cause problems. Did you know a mother can adopt her child without obtaining notice of consent of the father? If not, you need to know your rights as a putative father.
A child may be adopted without the notice of the father and in order to preserve your rights and receive notice, a father must register with the Putative Father Registry with the Office of Vital Records. What is a putative father, under A.R.S 8-106.01 a putative father is a person claiming to be the father of a child but paternity is not established. A putative father is a person who desires to receive notice of any adoption proceedings concerning the child.
What is the purpose of the Putative Father Registry? It allows putative father to notify all interested parties of his claim of paternity. It allows the putative father to receive notice of any proposed adoption proceedings. Finally, the goal is to protect the security and stability of adoption in the State of Arizona.
You can find the necessary paperwork, “Notice of Claim Paternity” form at:
- Department of Juvenile Corrections facilities;
- State Department of Corrections facilities;
- Department of Economic Security;
- Office of the Clerk of the Board of Supervisor.
Once you fill out the Notice of Claim Paternity it must be notarized and filed with the Office of Vital Records. There are strict time lines the putative father must file the Notice of Claim Paternity before the child is born or up to 30 days after the child is born. If you fail to file a notice of claim of paternity within the time period of the statute you waive your rights to be notified of any judicial hearing regarding the child’s adoption and the father’s consent to adopt is not required.
One question we get, what if the failure to file was because the father did not know the mother was pregnant. Under the law, lack of knowledge of the pregnancy is not an acceptable reason for failing to file. Notice of the pregnancy is presumed by law once you have sexual intercourse with the mother.
If you are about to become a father and have questions about adoptions or questions on putative father, contact us at Gonzales and Poirier at 928-774-5400.