Who is legally recognized as a child's father?

The question "Who is the father?" is not as simple a question as you might think. There are important legal distinctions between different situations relating to paternity.

Acknowledged Father

An acknowledged father is any biological father of a child born to unmarried parents for whom paternity has been established by either the admission of the father or the agreement of the parents. An acknowledged father must pay child support.

Presumed Father

If any of the following are true, a man is presumed to be the father of a child, unless he or the mother proves otherwise to a court:

• he was married to the mother when the child was conceived or born, although some states do not consider a man to be a presumed father if the couple has separated
• he attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the "marriage"
• he married the mother after the birth and agreed either to have his name on the birth certificate or to support the child, or
• he welcomed the child into his home and openly held the child out as his own.

In some states, the presumption of paternity is considered conclusive, which means it cannot be disproven, even with contradictory blood tests. In Michael H. v. Gerald D., 491 U.S. 110 (1989), the U.S. Supreme Court upheld California's presumed father statute as a rational method of protecting the integrity of the family against challenges based on the due process rights of the father and the child. A presumed father must pay child support.

Equitable Parent

In Michigan (Atkinson v. Atkinson, 408 N.W.2d 516 (1987)) and Wisconsin (In re Paternity of D.L.H., 419 N.W.2d 283 (1987)), a spouse who is not a legal parent (biological or adoptive) may be granted custody or visitation under the notion of equitable parent. Courts apply this concept when a spouse and child have a close relationship and consider themselves parent and child or where the biological parent encouraged this relationship. If the court grants an equitable parent custody or visitation, then the parent will also be required to pay child support.

Unwed Father

An unmarried man who impregnates a woman is referred to as an unwed father. Unwed fathers have few rights concerning their children. For example, an unwed father does not have the right to require the mother of the child to obtain his consent, or even notify him, before she undergoes an abortion. If the mother decides to bear and keep the child, however, the unwed father will be required to pay child support if a court determines or he acknowledges that he's the father; in addition, he has the right to visitation with his child and may seek custody.

Stepfather

A stepfather is not obligated to support the children of the woman to whom he is married unless he legally adopts the children.