What is the New York State Putative Father Registry?
The Putative Father Registry is a confidential registry (record) of fathers of children born out of wedlock. The registry maintains names and addresses of fathers who (1) filed a notice to claim paternity, (2) acknowledged paternity of the child, or (3) have been determined by a court to be the father of the child.
Fathers listed on the registry have the right to receive legal notice of all court proceedings, which include foster care, guardianship, custody, or adoption of the child. Additionally, the child will be entitled to inherit assets from the father.
The courts, local departments of social services, and voluntary authorized agencies in New York State use the Putative Father Registry to search for the name and address of the father of a child born out of wedlock, so the father can be notified of court proceedings impacting the custody of the child and be a part of the child’s placement.
(The results of a search cannot be divulged to another person, except if the court orders the information to be shared for good cause shown.)
How do I register with the Putative Father Registry?
Either before or after the birth of the child, you can use form LDSS-2724, Notice of Intent to Claim Paternity of a Child Born Out of Wedlock. On the form you will need to provide your name and address, the mother’s name, and (if already born) the child’s name, birth date or year (if complete date unknown). The form must be filed with the Putative Father Registry. It does not need to be notarized, and the mother is not notified.
At any time after the baby’s birth, a father can use form OCFS-3780, Instrument to Acknowledge Paternity of an Out-of-Wedlock Child. On the form you will need to provide your name and address; the mother’s name and address; and the child’s name, birth date, and place of birth. The form must be notarized by a notary public and filed with the Putative Father Registry. The mother will receive a certified letter from the Putative Father Registry stating that the father has filed an Instrument to Acknowledge Paternity.
When the child is born, both the father and mother can use Acknowledgment of Paternity form LDSS-4418 to acknowledge paternity. If you fill out this form at the hospital or at a social services agency soon after the birth, the form will be filed for you with the registrar of the county where the baby was born and the birth certificate is filed. If you fill out the form without the help of the hospital or social services agency, you will be responsible for filing it with the registrar of the county where the baby was born and the birth certificate is filed.
What if I am not sure I am the father?
If you are not sure that you are the father, do not sign or submit any of the forms listed here. If you are not sure you are the father, you may choose to file a court petition to have the court determine paternity. When the case goes to court, the court will order genetic testing to determine if you are the father of the child. If you are the father, you may be required to provide support until the child is 21 years of age.
Where can I get the forms?
For a copy of form OCFS-3780 or LDSS-2724, contact the New York State Putative Father Registry or visit the New York State Office of Children and Family Services (OCFS) website. You can also contact your local department of social services.
Form LDSS-4418 is available at hospitals, social services agencies, or from the New York State Department of Health or the New York State Office of Temporary and Disability Assistance.
For additional information on the New York State Putative Father Registry, refer to Social Services Law Section 372-c.
The above information is an excerpt from an article entitled What Unwed Fathers Need to Know… published by the NYS Office of Children & Family Services. The full article can be found here.