The Rights of Unmarried Fathers

The Rights of Unmarried Fathers

In recent decades, the significant percentage of births to unmarried parents (1) has led to an increased
focus on the fathers of these children. Referred to as alleged, presumed, reputed, or putative fathers, many of them seek recognition of their legal rights and expanded roles in raising their children.

Constitutional Rights

Historically, unmarried fathers have had fewer rights with regard to their children than either
unwed mothers or married parents. Over the past several decades, unmarried fathers have challenged
the termination of their parental rights under the Fourteenth Amendment in cases in which birth
mothers relinquished their children for adoption. In a series of cases involving unmarried fathers, the U.S. Supreme Court affirmed the constitutional protection of such a father’s parental rights when he has established a substantial relationship with his child. The court found that the existence of a biological link between a child and an unmarried father gives the father the opportunity to establish a substantial relationship, which it defined as the father’s commitment to the responsibilities of parenthood, as demonstrated by being involved or attempting to be involved in the child’s upbringing.(2)

(1) Births to unmarried women have made up more than 40 percent of total U.S. births
each year since 2008 according to the National Vital Statistics Reports from the Centers on
Disease Control and Prevention (see Table C, page 9, at http://www.cdc.gov/nchs/data/nvsr/
nvsr62/nvsr62_01.pdf).
(2) Stanley v. Illinois, 405 U.S. 645 (1972); Quilloin v. Walcott, 434 U.S. 246 (1978)

More information:
https://www.childwelfare.gov/systemwide/laws_policies/statutes/putative.cfm

To find statute information (laws) for a particular State, go to:
https://www.childwelfare.gov/systemwide/laws_policies/state/

This article was originally published by the Child Welfare Information Gateway.