Legal Definitions - UPUFA

UPUFA stands for the Uniform Putative and Unknown Fathers Act.

This Act is a model law that states can adopt to create consistent legal procedures for dealing with men who are believed to be the biological father of a child (a "putative" father) but whose paternity has not been legally established, or whose identity as the father is completely unknown. Its main purpose is to ensure that these fathers receive proper notice and have an opportunity to assert their parental rights, particularly in situations involving adoption or the termination of parental rights. By providing clear guidelines, UPUFA aims to protect the due process rights of potential fathers and ensure legal certainty for children and families.

• Example 1: Adoption Proceedings

  A pregnant woman decides to place her baby for adoption immediately after birth. She had a brief relationship and is unsure who the biological father is, or she knows who he is but he has never legally acknowledged paternity or been involved. Under the principles of UPUFA, the adoption agency and the court would be required to take specific steps to identify and notify any potential (putative) fathers. This might involve publishing notices, checking paternity registries, or directly contacting individuals named by the mother. The goal is to give any man who could be the father a chance to come forward, establish his paternity, and potentially assert his parental rights before the adoption can be finalized.

• Example 2: Child Welfare and Parental Rights Termination

  A state child protective services agency removes a young child from a mother's home due to severe neglect and abuse. The mother states she doesn't know who the child's father is, or she names a man who denies paternity and has no legal relationship with the child. If the agency decides to pursue termination of parental rights to allow the child to be adopted into a stable home, UPUFA would guide the process for identifying and notifying any unknown or putative fathers. The agency would follow prescribed procedures to diligently search for and inform any man who might be the father, ensuring he has an opportunity to participate in court proceedings, establish paternity, and potentially challenge the termination of his rights or seek custody.