Registering as a Putative Father in Illinois

 Posted on November 27, 2024 in Paternity

According to Illinois law, a woman is automatically considered the legal mother of a child when she gives birth. If she is married to a man at the time, her husband is automatically considered the father.

A man who is not married when his baby is born does not automatically have recognized legal status as the father unless he and the mother sign a voluntary acknowledgment of paternity, or one parent petitions the court to admit DNA evidence.

What happens when the mother is not exactly sure who the father is? What happens if she knows but loses contact with him before she can tell him she is pregnant? There are scenarios in which a man believes he could have fathered a child but does not have legal paternity. In such cases, the man can consult with a knowledgeable Naperville, IL family law attorney about registering as a putative father to protect his rights.

What is a Putative Father?

A putative father is a man who thinks he might have fathered a child but is not yet legally recognized as such. Sometimes a mother does not know who the father of her child is. Sometimes, she never informed him, so he has no way of knowing. A putative father may have been unaware that a child was conceived and found out later that it happened around the time he had a sexual relationship with the mother.

Whenever a child is placed for adoption, the biological father must be notified. If there is no putative father, the adoption process could move forward without his consent or involvement.

What is the Purpose of Registering as a Putative Father?

Being recorded in the Putative Father Registry protects a father’s right to involvement in his child’s adoption process. In Illinois, a child can be adopted without the uninvolved biological father’s consent, unless that man has registered as a putative father. Being on the registry means the father will be notified if the child is put up for adoption and given a chance to either challenge or consent to the adoption.

When a man believes he might be the father, he can register as the putative father and have the opportunity to assert his paternal rights. This protects the biological father’s rights, which could be violated if he is unaware of an adoption process that is underway. Instead, he can be notified if the mother puts the child up for adoption and can take action if he is interested in custody or visitation.

How Do You Register as a Putative Father?

The process of registering as a putative father in Illinois is simple, but it needs to happen within 30 days of the child’s birth. This means a man has a limited amount of time to register his claim to the child.

The putative father must fill out an Illinois Department of Public Health (IDPH) form and provide his name, address, and other identifying information. The registry is confidential; only authorized individuals, such as adoption agencies or attorneys, can access it.

If the putative father fails to register within 30 days from the birth, it can be much harder for him to challenge an adoption later.

Schedule a Free Consultation with a Naperville, IL Family Law Attorney

If you think you may have fathered a child, speak with a qualified DuPage County, Illinois child custody lawyer about registering as a putative father. This is an important step if you want to assert your rights as a father. At Pesce Law Group, P.C., we have experience helping clients navigate these processes, and we are dedicated to assisting you as you consider what is in your best interest. Call us at 630-352-2240 to schedule a free consultation.