Also known as:fathers · father's · fathered · fathering · fatherhood · paternity · biological father · legal father
Written by attorneys · grounded in primary & secondary sources — see below
A male parent of a child. Legal recognition of this status confers parental rights and obligations that receive constitutional protection when the father has established a relationship with the child.
Sources & Authorities
How it applies
Common Examples
6
Unmarried Father Seeks Hearing
Fernando Farrell lived with his nonmarital son and the child's mother in a stable household. After the mother died, state officials removed the boy without any hearing on Fernando's fitness. The court held that due process entitled Fernando to an opportunity to prove his parental relationship before the state could sever it.
Consent Required for Adoption
Finn Fletcher and his former partner had a child together. When the partner placed the child for adoption, Finn received notice and an opportunity to consent. Because his parental rights had never been terminated, the court required his consent before the adoption could proceed.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Common Law
Restatements
Dictionaries
Frank Fisher visited his newborn daughter weekly, paid support, and admitted paternity on the birth certificate. When the mother sought to place the child for adoption, the court recognized Frank's right to object because he had demonstrated actual manifestations of parental responsibility.
Extended Family Zoning Challenge
Faye Fuller's father moved into her household to help raise her children after her spouse died. The city cited the family for violating a zoning ordinance that limited occupancy to nuclear family members. The court struck down the ordinance as an unconstitutional restriction on the father's protected family relationship.
Moore v. City of East Cleveland, Ohio431 U.S. 494, 503 (1977)
Father's Derivative Warranty Claim
Flora Ford purchased a defective car that injured her. Her father, who paid the resulting medical bills, sued the manufacturer for consequential losses. The court permitted the father's claim because it arose directly from the family relationship and the original warranty transaction.
Francesca Fiore's father invented and performed a unique human cannonball act that the family had staged for decades. When a broadcaster televised the entire act without consent, the court recognized the father's proprietary interest in the performance as protectable property.
Zacchini v. Scripps-Howard Broadcasting Co.433 U.S. 562 (1977)
Common questions
Frequently Asked
3
What due process rights does an unmarried father have when the mother dies?+
An unmarried father who has formed a family unit with his nonmarital child possesses a constitutionally protected relationship. The state may not remove the child without providing notice and an opportunity to be heard on whether the parental bond should continue.
When is a biological father's consent required for adoption?+
Both biological parents' consent is ordinarily required. An unmarried father's consent may be dispensed with only if his rights have already been terminated, he cannot be located, or he has failed to manifest parental responsibility for a statutory period.
How does an unmarried father establish a right to veto an adoption?+
The father must demonstrate actual parental responsibility through actions such as living with the child, visiting regularly, admitting paternity, paying support, and expressing willingness to assume custody. Mere biology or an intent to block adoption is insufficient.
410 U.S. 113 (1973)Constitutional Law
…to the unborn. If abortion was prosecuted in some places, it seems to have been based on a concept of a violation of the father's right to his offspring. Ancient religion did not bar abortion.[^maj-12] 2. The Hippocratic Oath. What then of the famous Oath that has stood so long as the ethical guide of the medical…