Legal Definitions - Uniform Putative and Unknown Fathers Act

The Uniform Putative and Unknown Fathers Act (UPUFA) is a template law developed in 1988 that states can choose to adopt. Its primary goal is to provide clear legal guidelines for the rights of fathers who are not married to the mother of their child, often referred to as "putative" fathers. This Act consolidates various Supreme Court rulings into a comprehensive framework, ensuring these fathers have specific legal avenues regarding their children.

Specifically, UPUFA addresses crucial rights such as:

• The right to be notified if there are proceedings to terminate their parental rights or if their child is being considered for adoption.
• The right to have their paternity legally established (adjudication of paternity).
• The right to seek visitation with their child.
• The right to seek custody of their child.

Here are some examples of how the Uniform Putative and Unknown Fathers Act might apply:

• Example 1: Adoption Proceedings

  Sarah gives birth and decides she wants to place her baby for adoption. She informs Mark, the biological father, with whom she was not married. Under a state that has adopted UPUFA, Mark has a legal right to be formally notified of the adoption proceedings. He can then choose to assert his parental rights, potentially seeking to prevent the adoption or establish paternity and pursue custody or visitation, rather than having the child placed for adoption without his knowledge or consent.

• Example 2: Establishing Paternity and Visitation

  Maria and David had a child together but never married. After their relationship ended, Maria moved to another state with their child. David, wanting to maintain a relationship with his son, files a petition in a state that has adopted UPUFA. The Act provides the legal framework for David to formally establish his paternity and then seek a court order for visitation rights, ensuring he can regularly see and be involved in his son's life, even though he was never married to Maria.

• Example 3: Custody Dispute for an "Unknown" Father

  A child, Emily, has been living with her mother, Lisa, for several years. A man named Robert, who was previously unaware he was Emily's biological father, comes forward after learning about her existence. Lisa disputes his claim. In a state following UPUFA, Robert can petition the court to establish his paternity. If paternity is confirmed, the Act then allows him to pursue legal rights, such as seeking shared custody or visitation, ensuring his role as a parent is recognized and protected by law.