Legal Definition of 'Father' by State

An acknowledged father is a parent who has established a father-child relationship. An alleged or putative father is a parent who alleges themselves to be the father of a child but whose paternity hasn't been determined. A father is presumed to be the natural father of a child under certain circumstances, including:

• The father and the child's mother are married to each other, and the child is born during the marriage.
• The father and the child's mother are or have been married to each other, and the child is born during the marriage or within 300 days after the marriage is terminated.
• While the child is a minor, the father takes the child into their home or otherwise openly holds out the child as their natural child or otherwise gives emotional and financial support for the child.
• The father acknowledges paternity of the child in writing and files that acknowledgment in accordance with provisions of the relevant statute.

A man is presumed to be the father of a child if:

• The father and the mother of the child were married at any time in the 10 months preceding the birth, or the child is born within 10 months after the marriage ended.
• Genetic testing confirms a probability of paternity that is at least 95 percent.
• A birth certificate is signed by the mother and father of a child born out of wedlock.
• A notarized or witnessed statement is signed by both parents, which acknowledges paternity.

• "Natural parent" means a nonadoptive parent, whether biologically related to the child or not.
• "Parent and child relationship" means the legal relationship existing between a child and the child's parents incident to which the law confers or imposes rights, privileges, duties, and obligations.
• Relevant California law does not preclude a finding that a child has more than two parents. A person is presumed to be the natural parent of a child under certain conditions, including the presumed parent and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated.

A person is presumed to be the natural father of a child under certain circumstances, including when:

• The father and the child's natural mother are or have been married to each other, and the child is born during the marriage or within 300 days after the marriage is terminated.
• While the child is under the age of majority, the father receives the child into their home and openly holds out the child as their natural child.
• The father acknowledges paternity of the child in writing and files that acknowledgment with the court or Registrar of Vital Statistics.

• "Father" means a parent who is a father under the law of the state.
• A father must execute a legally binding acknowledgment of paternity.
• A father must satisfy other requirements as indicated under relevant state law.

• An acknowledged father is a parent who has established a father-child relationship.
• An adjudicated father is a parent who has been adjudicated by a court of competent jurisdiction to be the father of a child.
• An alleged father is a parent who alleges themselves to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined.
• A presumed father is a parent who is recognized as the father of a child until that status is disproven or proven during a hearing in a court.

Under the laws of the state of Florida, the term "parent" means a woman who gives birth to a child and a man whose consent to the adoption of the child is required by relevant state law.

Written consent must be executed by the father of the minor, if:

• The minor was conceived or born while the father was married to the mother. The minor is the father's child by adoption.
• The minor has been established by court proceeding to be the father's child.
• The father has filed an affidavit of paternity, or the father is listed on the child's birth certificate before the date a petition for termination of parental rights is filed.
• In the case of an unmarried biological father, the father has acknowledged in writing, with a witness, that the father is the parent of the minor. This written and signed statement must be filed with the Office of Vital Statistics of the Department of Health within the required timeframes.
• The term "putative" father means a person who is or may be the biological father of a child whose paternity has not been established and whose mother was unmarried when the child was conceived and born.

The biological father is the person who impregnated the biological mother resulting in the birth of the child. The legal father is a person who:

• Has legally adopted a child,
• Was married to the biological mother of the child at the time the child was conceived or was born unless such paternity was disproved by a final order,
• Married the legal mother of the child after the child was born and recognized the child as their own unless such paternity has been disproved,
• Has been determined to be the father by a final paternity order, or
• Has legitimated the child by a final order and has not surrendered parental rights or had those rights terminated.

A person is presumed to be the natural father of a child in certain circumstances, including:

• When the father and the child's natural mother are or have been married to each other, and the child is born during the marriage or within 300 days after the marriage is terminated,
• While the child is under the age of majority, the father receives the child into their home and openly holds out the child as their natural child, or
• A voluntary, written acknowledgment of paternity of the child signed by the father under oath is filed with the Department of Health.

The term "parent" includes the following people:

• The birth mother or the adoptive mother
• The adoptive father
• The biological father of child conceived or born during the father's marriage to the birth mother
• The unmarried biological father whose consent to an adoption of the child is required
• A "presumptive father" is a person who is or was married to the birth mother, and the child is born during the marriage or within 300 days after the marriage is terminated
• An "unmarried biological father" means the biological father of a child who was not married to the child's mother at the time the child was conceived or born

A person is presumed to be the natural father of a child if:

• The father and the child's mother are or have been married to each other, even though the marriage is or could be declared invalid, and the child is born or conceived during such marriage,
• After the child's birth, the father and the child's mother have married each other, even though the marriage is or could be declared invalid, and the father is named, with written consent, as the child's father on the child's birth certificate,
• The father and the child's mother have signed an acknowledgment of paternity,
• The father and the child's mother have signed an acknowledgment of parentage or, if the natural father is someone other than one presumed to be the father, an acknowledgment of parentage and denial of paternity has taken place.

• An "alleged father" is any person claiming to be or charged with being a child's biological father.
• A "parent" is a biological or an adoptive parent.
• Unless otherwise specified, the term "parent" includes both parents, regardless of their marital status.
• A "putative father" is a person of any age who is alleged to be or claims to be the father of a child, but who has not legally established paternity, filed an adoption petition, or completed a paternity affidavit.

• Under Iowa law, a "father" means the male, biological parent of a child.
• A "putative father" is a person who is alleged to be or who claims to be the biological father of a child born to a woman to whom the father is not married at the time of the birth of the child.

A person is presumed to be the father of a child under certain circumstances, including:

• The father and the child's mother are, or have been, married to each other, and the child is born during the marriage or within 300 days after the marriage is terminated,
• The father notoriously or in writing recognizes the paternity of the child, an example of which can be a voluntary acknowledgment,
• Genetic testing indicates a probability of at least 97 percent that the father is the parent of the child, or
• The father has a duty to support the child under an order of support regardless of whether the father has ever been married to the child's mother.

• "Parent" means the legal parent or the legal guardian when no legal parent exists.
• "Putative father" means a person who is the alleged biological father of a child but whose paternity has not been legally established.
• "Alleged father" means a person who is alleged to have engaged in sexual intercourse with a child's mother during a possible time of conception of the child.

A child born to parents who have not participated in a marriage ceremony with each other shall be considered to be the child of their mother. A child born to parents who have not participated in a marriage ceremony with each other shall be considered to be the child of their father only if the father:

• Has been judicially determined to be the father in an action brought under the statutes relating to paternity proceedings,
• Has acknowledged themselves, in writing, to be the father,
• Has openly and notoriously recognized the child to be their child, and
• Has subsequently married the mother and has acknowledged themselves, orally or in writing, to be the father.

A person is presumed to be the father of a child in certain circumstances, including:

• The father is or has been married to the mother, and the child was born during the marriage, or within 300 days after the marriage was terminated by death, annulment, or divorce.
• While the child is under the age of majority, the father, jointly with the mother, received the child into their home and openly held out the child as their child.
• The father has acknowledged paternity in a parental responsibility claim, and the mother, having received actual notice thereof, has failed within a reasonable time to object thereto.
• With respect to a child born before April 13, 1994, with the father's consent and the consent of the child's mother, the father is named as the child's parent on the birth certificate.

• A "father" is the parent who signs an acknowledgment of parentage of a child.
• If a child is born of wedlock, a person is considered to be the natural father of that child if that person joins with the mother of the child and acknowledges that child as their child by completing a form that is an acknowledgment of parentage.

A person is presumed to be the biological father under certain circumstances, including:

• The parent and the child's biological mother are or have been married to each other, and the child is born during the marriage or within 280 days after the marriage is terminated.
• While the child is under the age of majority, the father receives the child into their home and openly holds out the child as their biological child.
• The father and the child's mother acknowledge paternity of the child in writing, and that acknowledgment is signed by both of them and filed with the State Registrar of Vital Statistics.

A person is presumed to be the natural father of a child in certain circumstances, including:

• The father and the child's natural mother are or have been married to each other, and
• The child is born during the marriage or within 300 days after the marriage is terminated.

Under Montana law, the term "birth parent" means the woman who gave birth to the child or the father of genetic origin of the child. The term "parent" means the birth or adoptive mother or the birth, adoptive, or legal father whose parental rights have not been terminated. The term "putative father" means an individual who may be a child's birth father but who:

• Was not married to the child's mother on or before the date that the child is born, or
• Has not established paternity of the child prior to the filing of a petition for termination of parental rights to the child for purposes of adoption.

The term "putative father" includes an individual who:

• Is younger than 18, or
• Is not married to the child's mother even though the individual is a presumed father under relevant state law.

Nebraska law allows an unmarried putative father to sign an affidavit at the time of birth and file it with the birth certificate at the Department of Health and Human Services. This is a voluntary acknowledgment of paternity.

If the mother is married, there is a rebuttable presumption that her husband is the father. In a paternity case, or for other good cause, the court may order genetic testing.

The term "putative father" means a person who is or is alleged or reputed to be the father of an illegitimate child. A person is presumed to be the natural father of a child under certain circumstances, including if:

• The father and the child's mother are or have been married to each other, and the child is born during the marriage, or within 285 days after the marriage is terminated.
• While the child is a minor, the father receives the child into their home and openly holds out the child as their natural child.

A conclusive presumption that a person is the natural father of a child is established if tests for the typing of blood or tests for genetic identification show a probability of 99 percent or more that the father is related to the child by virtue of paternity. That presumption may be rebutted if the father establishes that they have an identical sibling who may be the father.

The term "birth father" means a person or persons other than a legal father who has been named, under relevant state law, as the father of the child, or who is the subject of a pending paternity action, or who has filed an unrevoked notice of intent to claim paternity of the child pursuant relevant state law. The term "legal father" means:

• The person designated as the father under relevant state law on that child's birth certificate,
• The person designated as the father pursuant to a court order resulting from a paternity action,
• The person designated as the father upon legitimation under relevant state law, or
• The court determined the person to be married to the birth mother at the time of conception, birth, or any time between conception and birth.

The term "parent" means a birth parent or parents, including the birth father of a child born out of wedlock, who has acknowledged the child or to whom the court has ordered notice to be given. A person is presumed to be the biological father of a child in certain circumstances, including if:

• The father and the child's mother are or have been married to each other, and the child is born during the marriage or within 300 days after the marriage is terminated.
• While the child is a minor, the father receives the child into their home and openly holds out the child as their natural child.
• While the child is a minor, the father provides support for the child and openly holds out the child as their natural child.

The term "acknowledged father" means a father who:

• Acknowledges paternity of the child pursuant to the putative father registry,
• Is named, with the father's consent, as the child's father on the child's birth certificate,
• Is obligated to support the child under a written voluntary promise or pursuant to a court order, or
• Has openly held out the child as their own child by establishing a custodial, personal, or financial relationship with the child.

The term "alleged father" means an individual whom the birth mother has identified as the biological father, but the individual has not acknowledged paternity or registered with the putative father registry. Examples of "presumed fathers" include:

• The husband of the biological mother at the time the child was born,
• An individual who was married to the mother and either the child was born during the term of the marriage or 300 days after the marriage was terminated,
• Before the child's birth, an individual who attempted to marry the child's mother, although the attempted marriage is or could be declared invalid,
• If the attempted marriage could be declared invalid, the child was born during the attempted marriage or within 300 days after its termination, or
• If the marriage is valid, the child was born within 300 days after the termination of cohabitation.

New York defines a father as:

• Any person recorded on the birth certificate as the father
• Any person married to the child's mother within six months subsequent to the birth of the child
• Any person adjudicated by any court to be the father of the child
• Any person who has filed an Acknowledgement of Paternity pursuant to section 111-k of the New York Social Services Code

North Carolina defines a father as:

• The person married to the mother at the time of the child's birth
• Any person who has completed an affidavit of paternity and confirmed paternity by DNA test

• An "acknowledged father" is a person who has established a father-child relationship under relevant state law.
• An "adjudicated father" is a person who has been adjudicated by a court of competent jurisdiction to be the father of a child.
• An "alleged father" is a person who alleged themselves to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined.
• The term does not include a presumed father, a man whose parental rights have been terminated or declared not to exist, or a male donor.

A "presumed father" is a person who, under relevant state law, is recognized as the father of a child until that status is confirmed or disconfirmed by a court. A person is presumed to be the father of a child in certain circumstances, including if:

• The father and the mother of the child are married to each other, and the child is born during the marriage,
• The father and the mother of the child were married to each other, and the child is born within 300 days after the marriage is terminated, or
• For the first two years of the child's life, the father resided in the same household with the child and openly held out the child as their own.

A person is presumed to be the natural father of a child in certain circumstances, including:

• The father and the child's mother are or have been married to each other, and the child is born during the marriage or is born within 300 days after the marriage is terminated, or
• An acknowledgment of paternity has been filed in accordance with relevant state law.

The term "putative father" means a person, including one under age 18, who may be a child's father and to whom all of the following apply:

• The father is not married to the child's mother at the time of the child's conception or birth,
• The father has not adopted the child,
• The father has not been determined, prior to the date a petition to adopt the child is filed, to have a parent and child relationship with the child by a court proceeding or an administrative agency proceeding, or
• The father has not acknowledged paternity of the child.

• The term "putative father" means an alleged father.
• The term "putative father" means an alleged father.
• An "acknowledged father" is a person who has established a father-child relationship by signing an acknowledgment of paternity.
• An "adjudicated father" is a person who has been adjudicated by a court of competent jurisdiction to be the father of a child.
• An "alleged father" is a person who alleges themselves to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined
• A "presumed father" is a person who is recognized as the father of a child until that status is confirmed or disconfirmed by a court.

For purposes of prescribing benefits to children born out of wedlock by, from, and through the father, paternity shall be determined by any one of the following ways:

• If the parents of a child born out of wedlock have married each other,
• If, during the lifetime of the child, it is determined by clear and convincing evidence that the father openly holds out the child to be their child and either receives the child into their home or provides support to the child, or
• If there is clear and convincing evidence that the father was the father of the child, including a prior court determination of paternity.

For purposes of prescribing benefits to children born out of wedlock by, from, and through the father, paternity shall be determined by any one of the following ways:

• If the parents of a child born out of wedlock have married each other,
• If, during the lifetime of the child, it is determined by clear and convincing evidence that the father openly holds out the child to be their child and either receives the child into their home or provides support to the child, or
• If there is clear and convincing evidence that the father was the father of the child, including a prior court determination of paternity.

A person is presumed to be the natural father of a child in certain circumstance, including if:

• The father and the child's mother are or have been married to each other, and the child is born during the marriage or within 300 days after the marriage is terminated,
• The father acknowledges paternity of the child in writing and files that acknowledgment with the clerk of the family court,
• The father has submitted to blood testing, and the results establish a conclusive presumption of paternity, or
• A sworn acknowledgment of paternity of a child born out of wedlock is signed by both parents.

The father of a child born when the father was not married to the child's mother may establish the right to receive notice of an adoption proceeding in certain circumstances, including:

• If the child was placed with the prospective adoptive parents more than six months after the child's birth, and the father has maintained substantial and continuous or repeated contact with the child as demonstrated by: payment by the father toward the support of the child of a fair and reasonable sum, based on the father's financial ability,
• Visits by the father to the child at least monthly when the father is physically and financially able to do so, or
• Regular communication by the father with the child or with the person or agency having lawful custody of the child.

"Father" means the biological father of a child born out of wedlock. "Parent" means the biological mother or biological father of a child, regardless of the marital status of the mother and father. A person is rebuttably presumed to be the father of a child in certain circumstances, including if:

• The father and the child's mother are married or have been married to each other, and the child is born during the marriage or within 300 days after the marriage is terminated,
• While the child is a minor, the father receives the child into their home and openly holds the child out as their natural child;
• Genetic tests have been administered, an exclusion has not occurred, and the test results show a statistical probability of parentage of 95 percent or greater.

An "adjudicated father" is a person who has been adjudicated by a court to be the father of a child. A "presumed father" is a person who, under relevant state law, is recognized as the father of a child until that status is confirmed or disconfirmed by a court. A person is presumed to be the father of a child in certain circumstances, including if:

• The father is married to the mother of the child, and the child is born during the marriage,
• The father was married to the child's mother, and the child is born before the 301st day after the date the marriage is terminated, or
• During the first two years of the child's life, the father continuously resided in the household in which the child resided, and the father represented to others that the child was their own.

• "Adjudicated father" means a person who has been adjudicated by a tribunal to be the father of a child.
• "Alleged father" means a person who alleges themselves to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined.
• "Declarant father" means a male who, along with the biological mother, claims to be the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's paternity.
• "Determination of parentage" means the establishment of the parent-child relationship by the signing of a valid Voluntary Declaration of Paternity or adjudication by a tribunal.

A person shall be presumed to be the father of a child in certain circumstances, including if:

• The father and the mother of the child are married to each other and the child is born during the marriage,
• The father and the mother of the child were married to each other and the child is born within 300 days of their date of separation, as evidenced by a written agreement or decree of separation, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce.

• "Acknowledged father" means a person who has established a father-child relationship.
• An "adjudicated parent" means a person who has been adjudicated by a court to be the parent of a child.
• An "alleged parent" means a person who is alleged to be the genetic parent but whose parentage has not been determined.
• "Presumed parent" means a person who is recognized as the parent of a child until that status is confirmed or disconfirmed by a court.

A person is presumed to be the parent of a child in certain circumstances, including if:

• The person and the mother or father of the child are married or in a domestic partnership, and the child is born during the marriage or partnership,
• The person and the mother or father of the child were married in a domestic partnership, and the child is born within 300 days after the marriage or partnership is terminated.

A person is presumed to be the parent of a child if, for the first two years of the child's life, the person resided in the same household with the child and openly held out the child as their own.

The term "birth father" means the biological father of a child. The term "determined father" means, before adoption, a person:

• In whom paternity has been established pursuant to relevant state law, whether by adjudication or acknowledgment,
• Who has been otherwise judicially determined to be the biological father of the child entitled to parental rights, or
• Who has asserted paternity of the child in an action commenced pursuant to relevant state law, and the action is pending at the time of the filing of the adoption petition.

The term "legal father" means, before adoption, the male person having the legal relationship of parent to a child:

• Who is married to the child's mother at the time of conception,
• Who is married to the child's mother at the time of the birth of the child, or
• Who is the biological father of the child, and who marries the mother before an adoption of the child.

The term "outside father" means the biological father of a child born to or conceived by the mother while the mother is married to another person who is not the biological father of the child.