Are Biological Fathers Receiving Due Process
When a child is born to unmarried biological parents or results from a married biological parent’s affair, there may be a conflict between the biological parents concerning appropriate parenting for the child. If the biological mother, with or without consultation with an adoption agency, determines that termination of the biological father’s parental rights is in the best interest of the child, the legal question of the appropriate notice to the biological father and the legal reasons for the termination arises. This comment suggests that state and federal legislatures, as well as the U.S. Supreme Court, clarify and update the notice and termination hearing due process rights of biological fathers. While the current law is briefly mentioned in an incomplete educational overview, this comment is not intended to provide legal advice. Consult an experienced attorney in specific family law situations.
Three U.S. Supreme Court decisions from the 1980s use the term “putative father” (one who claims or is alleged to be the biological father). Each decision is briefly overviewed:
A 1981 unanimous decision stated that an imprisoned individual named by an unwed mother as the putative father was entitled to free blood testing evidence in determining paternity (Little v. Streater).
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