Legal Definitions - putative father

A putative father refers to a man who is believed or alleged to be the biological father of a child, but whose paternity has not yet been legally established or formally acknowledged by a court or through a legal process.

Here are some examples to illustrate this concept:

• Child Support Dispute: A woman files a lawsuit seeking child support for her newborn, naming a specific man as the father. The man, however, denies that he is the biological parent. Until a court orders DNA testing and formally declares him to be the father, he is considered the putative father in the legal proceedings. His paternity is alleged but not yet legally confirmed.

• Inheritance Claim: After a wealthy individual passes away without a will, a young adult comes forward claiming to be the deceased's biological child, born outside of marriage. The deceased's surviving family members dispute this claim, stating they were unaware of any such child. In this scenario, the deceased individual is the putative father until the claimant can provide sufficient legal proof, such as DNA evidence or other corroborating information, to establish the biological relationship and their right to inherit.

• Parental Rights and Custody: A man has been in a long-term relationship with a woman and has raised her child since birth, believing himself to be the biological father. They were never married, and he never formally adopted the child. If the relationship ends and the mother attempts to move out of state with the child, denying the man any parental rights, he would be considered the putative father. He would need to go to court to legally establish his paternity and secure his rights to custody or visitation, as his biological connection, though assumed, lacks formal legal recognition.