What is a putative father?

A putative father is a legal term that is used to describe a man who is believed or thought to be the father of a child, but cannot prove it. In Texas, a putative father is someone who stands in the place of a legal father when the biological father is not known, when a court has not yet declared paternity, or when the presumed father denies paternity. At the heart of the putative father’s rights in Texas is the Texas Family Code, which details the importance of a putative father’s legal relationship to a child. It establishes the rights of a putative father to challenge paternity and to gain rights to paternity before adoption or termination of parental rights. It requires that a putative father receive notice of any action involving the child’s adoption or termination of parental rights, and it allows him to challenge the adoption or termination by filing a claim of paternity. The protections afforded to a putative father in Texas reflect the state’s commitment to ensuring that children have both a biological and legal father. Every child has a right to know their biological father and to receive the emotional and financial support due them from both parents. The legal protection of putative fathers in Texas helps ensure that these rights are protected.

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What is a putative father?

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