Legal Fathers

What makes a legal father so special? Simply put, a legal father is protected by law to protect the child. He gets to provide financial assistance for the child, which the child will recognize. Children recognize provision and appreciate the person who provides for them even if they don’t verbally communicate it. Legal fathers have the right to benefit their children in such a way. In adoption, a legal father has a very important role. Read this article by Grace Lorimor to discover the role he has in an adoption and how one can attain that status.

 Alabama Adoption Code: Establishing Paternity

Unless his rights have been terminated, a legal father’s consent to adoption is required. What makes a man a legal father? Here’s six brief ways a man can be considered a legal father.

1. Becoming a Legal Father through Adoption

Upon a final decree of adoption, a legal parent-child relationship is formed. The adoptive parent has all the rights and responsibilities to the child as if they were a natural parent.

2. Becoming a Legal Father through Legitimation

An unmarried father can file with a probate court a notice of Declaration of legitimation in writing attested by two witnesses. This recognizes the child as his natural child. In this case, the child is capable of inheriting from him as if the child had been born in wedlock.

3. Paternity by Adjudication

A court can adjudicate a man as the legal father of a child by issuing an order recognizing him as the father. Often, this happens through child support or juvenile proceedings after the court has ordered genetic testing.

4. Paternity by Acknowledgement

The mother and father of the child can sign an acknowledgement of paternity and file it with the Alabama Office of Vital Statistics. This usually occurs at the hospital once the child is born and Vital Statistics will generate the baby’s birth certificate including the father’s name.

5. Paternity by Presumption

A man can become a legal father if:

• the child is born during his marriage to the mother
• the child was born within 300 days of the termination of his marriage to the mother
• the man and the child’s mother attempted to marry each other before the child was born, but for whatever reason the marriage is invalid. (unless child was born during the invalid marriage or within 300 days)
• the father acknowledged his paternity and is either listed on the birth certificate or is obligated to support the child
• the man accepts the child into his home or claims the child is his natural child and establishes a significant parental relationship with the child (legitimates the child)

6. Becoming a Legal Father by Operation of Law

If there’s any other legally recognized procedure in Alabama or any other state that establishes paternity, he will be granted paternity. If the child’s father does not fall under any of these categories, then he’s considered the putative father. (A putative father is the alleged/reputed biological father of the adoptee.)

Paternity is a little complicated so feel free to reach out to us if you have any questions. Check out our Facebook page here.