How States Define 'Putative Father' and 'Presumptive Father'

There is no uniform legal definition of “father” in state statutes nationwide. Many states have definitions for different categories of fathers, including “putative father” and “presumed father.”

Typically, putative and presumed fathers must establish paternity for legal recognition as the child’s father. This determination significantly impacts parental rights and responsibilities under the law.

For help understanding what is required to establish (or dispute) paternity, father’s rights, and more, consider contacting a family law attorney licensed in your state. They can apply the law to your unique circumstances and guide you through your options.

“Putative” vs. “Presumptive” Fathers

A putative father has not established paternity with his child. Instead, the father claims to be the parent of a child born outside of marriage. They potentially have legal rights, but must actively pursue them.

The presumptive father of a child is generally someone who fits into one of the following categories:

• He is or was married to the child’s mother, and the child was born during the marriage or within 300 days after the marriage ended

• The parents attempted to marry before the birth of the child, but the marriage was invalid

• The birth certificate lists him as the father

• He has acknowledged paternity in writing

• He is required to provide child support by voluntary agreement or court order

• While the child was a minor, he lived with them and claimed them as his biological child

Presumed fathers generally do not have to go through the process of establishing paternity. Instead, the courts assume they possess parental rights over the child.

Other terms used by family courts include:

• Acknowledged fathers: Parents who have established a father-child relationship through an acknowledgment of paternity

• Adjudicated father: Someone who has been named the father of a child by a court order

• Alleged father: 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

• Biological father: A father who is or claims to be the genetic father of a child. More often used once DNA testing has confirmed paternity

• Natural father: Sometimes used in place of “biological” or “alleged” father

Many states have ways for a father to voluntarily acknowledge paternity or the possibility of paternity of a child born to unmarried parents, and to record the acknowledgment in a putative father registry. Registration with a putative father registry or acknowledgment of paternity may grant a father certain legal rights.

States That Use the Putative/Presumptive Father Definition

Not all states use the “putative” and “presumptive” terms in their family laws. Those that do include:

Alabama

Under Section 26-17-102 of the Alabama Code:

A putative father is a parent who alleges themselves to be the father of a child but whose paternity hasn’t been determined.

Alaska

Under Alaska law, if a child is born out of wedlock, the putative father is considered the father if:

• The father subsequently marries the mother

• The father and mother sign a form acknowledging paternity

• The father is determined by a court or other tribunal, upon sufficient evidence, to be the parent

“Sufficient evidence” may include a parental relationship towards the child or DNA evidence

Arkansas

Arkansas defines a putative father means any person who is not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child.

Florida

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.

Idaho

In Idaho, 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.

Iowa

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.

Kentucky

In Kentucky, a “putative father” is someone who:

• Is not married to the child’s mother on or before the date that the child is born

• Has not established paternity of the child in a court or agency proceeding before the filing of a petition for adoption of the child

• Has not completed an acknowledgment of paternity affidavit before the filing of a petition for adoption of the child

A person is presumed to be a child’s father if the child is born during marriage to the child’s mother or within 10 months of the marriage ending.

Louisiana

In Louisiana, the husband of a child’s mother is the presumptive father if the child is born during the marriage or within 300 days of the marriage ending.

Putative fathers can register with the Louisiana Department of Health to create a rebuttable presumption of paternity.

Montana

Under Montana law (§ 42-2-201), 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 was 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.

Nevada

Nevada statutes (§ 128.016 and § 126.051) distinguish between putative and presumptive fathers. A “putative father” means a person who is or is alleged or reputed to be the father of an illegitimate child.

A “presumptive father” is one who is presumed to be the natural father of the child, 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.

New Mexico

Under New Mexico law (§ 40-11A-204), a presumed father is someone who is or was married to the child’s mother at the time of the child’s birth, or:

• The child was born within 300 days of the termination of the marriage

• The presumed father voluntarily asserted paternity

• Agreed to be named on the birth certificate

• Promised to support the child

• Lived with and held the child out as his own for two years

Pennsylvania

Under Pennsylvania’s Rules of Civil Procedure (231 Pa. Code Rule 15.2):

“Presumptive father’’ is the man married to the birth mother any time during the year prior to the birth of the child.

“Putative father” is an alleged biological father whose paternal status has not been legally confirmed and who is not the presumptive father.

South Dakota

In South Dakota (25-5A-1), a “putative father” is any person who claims to be, or is named as, the biological father or a possible biological father of a child, when paternity of the child has not been judicially determined.

Wyoming

In Wyoming family law (§ 1-22-101), a “putative father” is the alleged or reputed father of a child born out of wedlock, whether or not the paternity rights and obligations of the father have been judicially determined.

Other State Definitions of “Presumptive Father”

In general, if a man is married to the mother of the child at the time of the child’s birth, they are presumed to be the child’s father.

Unmarried fathers must sign a voluntary acknowledgment of paternity, agree to appear on the birth certificate, or otherwise legally admit to paternity.

Below, we outline how other states distinguish between fathers with assumed legal rights and those who must establish parental rights separately.

Arizona

Under Arizona family law (§ 25-814), 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 was 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

California

Under California Family Code § 7611, a man is the presumed natural parent of a child if:

• They were married to the child’s mother or attempted to marry, whether or not the marriage was invalid, and the child was born during the marriage or within 300 days of termination

• The man was named on the child’s birth certificate

• The man made a written promise to support the child, or is under court order to do so

• The man has assumed a parent-child relationship with the child

Colorado

Under Colorado Children’s Code § 19-4-105, a person is presumed to be the natural father of a child if:

• 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.

• Genetic testing proves the man to be the father within 97% probability

Connecticut

Under Connecticut Family Law § 46b-488, a person is presumed to be a child’s parent if:

• They are married to the person who gave birth to the child, and the child was born during the marriage

• They were married to the person who gave birth to the child, and the child was born within 300 days of the marriage ending

• They lived in the same household as the child and the other parent and openly claimed the child as their own from the time they were born

Under § 46b-451, an “alleged genetic parent” means a person who is alleged to be, or alleges that the person is, a genetic parent or possible genetic parent of a child whose parentage has not been adjudicated.

Delaware

Under Delaware’s Uniform Parentage Act, the father-child relationship is established when:

• The parents were married before or after the birth of the child, whether or not the marriage was valid, or if the birth occurred within 300 days of the termination of the marriage

• There is an unrebutted presumption of paternity

• The man acknowledges paternity

• The court adjudicates paternity or determines the man is the de facto father

• The man formally adopts the child

Georgia

Georgia’s domestic relations law (§ 19-8-1) provides the following definitions:

A biological father is a male who impregnated the biological mother, resulting in the birth of the child.

The legal father is a male who has not surrendered or terminated his parental rights and who:

• Has legally adopted the child

• Was married to the biological mother of the child at the time the child was conceived or was born

• Married the child’s legal mother after the child was born and recognized the child as their own

• Has been determined to be the father by a final paternity order

• Has legitimated the child by a final order and has not surrendered parental rights or had those rights terminated

Legal fatherhood based on marriage can be disproved by court order.

Hawaii

Under Hawaii Family Code § 584-4, a man is presumed to be a child’s “natural father” if:

• He and the child’s natural mother are or were married to each other, and the child was born during the marriage or within 300 days after the marriage ended

• While the child is underage, the father receives the child into their home and openly holds out the child as their natural child

• He signs a voluntary, written acknowledgment of paternity

Voluntary Establishment of Paternity (VEP) forms can be completed at the hospital when the child is born or through the Hawaii Department of Health.

The child’s natural mother, a man alleged to be the child’s father, or a man who himself alleges to be a child’s father can petition the courts to determine parentage.

Illinois

Illinois Statutes Chapter 750 § 46/103 sets out the following definitions:

• An “acknowledged father” is a man who has established a father-child relationship under Article III of the Illinois Parentage Act of 2015.

• An “adjudicated father” is a man who the court has determined is the father of a child.

• An “alleged father” is a man who either claims himself to be or is alleged to be a child’s biological father or possible biological father but whose paternity has not been established.

Under § 46/204, a person is presumed to be a child’s parent if:

• They are or were married to the child’s mother, even if the marriage is or could be declared invalid, and the child is born or conceived during such marriage

• They married the child’s mother after the child’s birth and are named, with their written consent, as the child’s parent on the child’s birth certificate

Indiana

Under Indiana Code § 31-14-7-1:

• 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.

Kansas

In Kansas, a person is presumed to be the father of a child 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 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

• 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

Maryland

Maryland family law (§ 5-1001) states a man is legally a child’s father if:

• The parents are married at the time of the child’s birth

• They are judicially determined to be the father in an action brought under the statutes relating to paternity proceedings

• They acknowledge paternity in the court

• They openly and notoriously recognized the child

• They subsequently married the mother and acknowledge paternity

Maine

State law in Maine (19A § 1832 and § 1881) provides the following definitions related to parenthood:

• “Parent” means an individual who has established parentage that meets the requirements of this chapter.

• “Presumed parent” means a person who pursuant to section 1881 is recognized as the parent of a child.

Massachusetts

In Massachusetts (209C, § 6), a person is presumed to be the father of a child when:

• 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.

Michigan

Michigan family law ( § 722.1002) defines a father as:

• The parent who signs an acknowledgment of parentage of a child.

• If a child is born out 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.

Minnesota

In Minnesota (257.55), a person is presumed to be the biological father when:

• The parent and the child’s biological mother are or have been married to each other, whether or not the marriage is valid, 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.

Mississippi

In Mississippi (§ 93-9-10), a biological father is the legal father of a child if:

• He married or cohabited with the mother of the child and voluntarily assumed parental obligations to support the child

• He consented to be named as the father on the child’s birth certificate, or executed an acknowledgement of paternity and failed to withdraw consent or acknowledgement

• Signed a stipulated agreement of paternity

• Ordered to pay child support by the court after genetic testing, or after declining testing

Missouri

In Missouri (§ 210.822), 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.

Nebraska

Nebraska has a marital presumption of paternity. The man married to the mother at the time of birth is presumed to be the father. If the mother is unmarried, paternity must be proven through a civil action to establish the identity of the biological father.

New Hampshire

Under New Hampshire law (170-B:2), A “birth father” is anyone other than the legal father who has been named as the father of the child, is the subject of a pending paternity action, or has filed an unrevoked notice of intent to claim paternity of the child.

A “legal father” is:

• The person designated as the father on the child’s birth certificate

• The person designated as the father pursuant to a court order resulting from a paternity action

• The person to be married to the birth mother at the time of conception, birth, or any time between

New Jersey

In New Jersey (9 § 17-43), a person is presumed to be the biological father of a child if:

• The father and the child’s mother are or have been married to each other, whether or not the marriage is invalid, 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

• Pursuant to a court order

New York

According to New York’s Family Court Act ( FCT § 511 et seq.), there is a marital presumption of paternity. If the parents are not married, the presumptive father can establish paternity by:

• Signing an Affidavit of Paternity

• Agreeing to be recorded on the birth certificate

• Via court order in Family Court

• Through residing with the child and establishing a paternal relationship

North Carolina

North Carolina has a marital presumption of paternity (§ 49-14). The person married to the mother at the time of birth is presumed to be the father. If the mother is unmarried, paternity must be proved through a civil action and confirmed by DNA testing.

North Dakota

In North Dakota (§ 14-20-10), a “presumed father” is recognized as the father of a child 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.

Ohio

In Ohio (§ 3111.03), a man is presumed to be the natural father of a child under any of the following circumstances:

• The man 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 three hundred days after the marriage is terminated by death, annulment, divorce, or dissolution or after the man and the child’s mother separate pursuant to a separation agreement.

• The man and the child’s mother attempted, before the child’s birth, to marry each other by a marriage that was solemnized in apparent compliance with the law of the state in which the marriage took place, and the child was born within 300 days of any court order invalidating the marriage.

Oklahoma

Under Oklahoma law (7700-204) man is presumed to be the father of a child if:

• Both parents were married when the child was born

• The child was born within 300 days of the termination of the marriage

• The child was born within 300 days of an attempted marriage, even if later declared invalid

• The individual agreed to be named on the child’s birth certificate, promised to support the child, or held the child out as his own for the first two years of the child’s life

Oregon

In Oregon (§ 109.070), the parentage of a person is rebuttably presumed if:

• The person is married to the birth mother, whether or not the marriage is or could have been voided, or the child is born within 300 days of the marriage termination

• The person has filed a voluntary acknowledgement of paternity with the Oregon State Registrar, or with another state

• Through other legal processes

Rhode Island

In Rhode Island (§ 15-8.1-401) 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 asserted parentage and agreed to be named on the birth certificate

• The father lived in the same household for the first two years of the child’s life and assumed financial responsibility for the child

• The father was otherwise adjudicated by the court and awarded custody of the child

South Carolina

In South Carolina, a father must be married to the child’s mother on the date of birth to have any legal rights to the child. (63-17-10) If a child is born out of wedlock, the mother has all parental rights, and a man must establish paternity before he has any parental rights to the child.

Tennessee

Under Tennessee’s Domestic Code (§ 36-2-304), 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.

Texas

Texas Family Code (§ 160.204) 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.

Utah

In Utah (§ 78B-15-204) A man is presumed to be the father of a child if:

• He and the mother of the child are or were married, or attempted to be married, whether or not the marriage was valid, and the child was born within 300 days after the marriage was terminated

• The father voluntarily asserted paternity and there is no other presumptive father

• The father agreed to be named as the father on the child’s birth certificate

• The father agreed in a written statement to support the child as his own

Vermont

In Vermont (15C V.S.A. § 401), parentage is presumed when:

• The parents are married or attempted to marry before the child’s birth, whether or not the marriage was valid

• The parents were married and the child was born not later than 300 days after the termination of the marriage

• Both parents’ names appeared on the birth certificate, or both parents agreed to appear on an affidavit of parentage

• The child resided with the parents who held the child out as the parents’ child for the first two years of the child’s life

Virginia

A person shall be presumed (§ 63.2-1202) 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.

Washington

In Washington (§ 26.26A.115) a person is presumed to be the parent of a child 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.

West Virginia

West Virginia uses multiple terms for the legal relationship of unmarried parents to the child (§ 48-22-105 et seq.). The most relevant are:

“Birth father” means the biological father of a child.

“Determined father” means a person whose paternity has been established by adjudication or acknowledgement or who is otherwise legally entitled to parental rights

“Legal father” is the one who was married to the mother at the time of the child’s conception or birth or who is the biological father of the child

Wisconsin

Wisconsin (§ 891.41) uses a marital presumption of paternity. A man is presumed to be the natural father of a child if:

• He and the child’s mother are or were married and the child was conceived or born after the marriage and before a divorce or legal separation

• They were not married but had a relationship during the time when the child was conceived and no other man has been adjudicated or presumed to be the father

• No other man can conclusively be excluded as the father to a 99.0% probability under 767.001

Why Is Establishing Paternity Important?

As noted above, parents who are married at the time of a child’s birth are presumed to be the parents. In a few states, if a man is not married to the birth mother, he has no rights to the child. He may have no obligation for child support, but he also cannot prevent an adoption proceeding or foster placement.

Establishing paternity is important for the parents and the child. The father has the right to parenting time and visitation with their child, whether or not they are married to the mother. If the birth parent places the child for adoption, the birth father has the right to file for legal custody if he wishes.

Almost all states maintain a Putative Father Registry. The registry is a list of men who believe they are the biological fathers of children assert their parental rights and receive notices of pending adoptions and possible actions to terminate parental rights.

Family courts always act in the best interests of the child, particularly when issuing child support orders. Child support enforcement offices will work with parents who are concerned about their child’s welfare to ensure a positive outcome for everyone involved.

Get Legal Advice for Your Paternity Concerns

Each state uses the term “presumed father” differently. The process for establishing paternity differs as well. Establishing paternity can require legal assistance, and you may want legal help to protect your rights and better understand your responsibilities.

Consider talking to a family law attorney near you. Paternity issues are time-sensitive, so it’s important to assert your rights early. Presumptions of paternity can also be challenged through genetic testing, but there are often time limits and procedural requirements. A family lawyer licensed in your state can guide you through the process and help protect your interests.