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I just found out last night that Virginia has recently passed legislation that will take effect the first of July that there will be a birth father registry. The only problem is, there is no funding set aside to implement and maintain it. I'm asking all Virginians to write to your representative and senators to encourage them to find the funding somewhere.
If you are not sure what the birth father registry is or does, it's a way for potential birth fathers can register that they potentially could have fathered a child with a certain woman and they can state their interest in parenting or not parenting.
From what I understand, there is a time frame that they have to do this by and I think it may be 10 days from the date of birth. After the 10 days, his rights are terminated automatically if he hasn't registered or registered but agreed to placement. I also believe that him not knowing about the pregnancy and/or birth is no excuse. I'll do some more digging and post again.
This really could save a lot of heartache in the future.
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Article 7. Putative Father Registry
63.2-1249. Establishment of Registry [URL="http://www.srislawyer.com/PracticeAreas/VA-Virginia-Adoption-Guardian-Step-Parent-International-Agency-Lawyer-Attorneys.asp#Click_on_some_of_the_statutes_in_Virginia_regarding_adoption_to_learn_more_about_them_"](top)[/URL]
A. A Putative Father Registry is hereby established in the Department of Social Services.
B. There is hereby created in the state treasury a special nonreverting fund to be known as the Putative Father Registry Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All moneys collected under ǧ 63.2-1201 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund by shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of administration of the Putative Father Registry. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner or his designee.
63.2-1250. Registration; notice; form [URL="http://www.srislawyer.com/PracticeAreas/VA-Virginia-Adoption-Guardian-Step-Parent-International-Agency-Lawyer-Attorneys.asp#Click_on_some_of_the_statutes_in_Virginia_regarding_adoption_to_learn_more_about_them_"](top)[/URL]
A. Except as otherwise provided in subsection C, a man who desires to be notified of a proceeding for adoption of, or termination of parental rights regarding, a child that he may have fathered shall register with the Putative Father Registry before the birth of the child or within 10 days after the birth. A registrant shall promptly notify the registry of any change in the information registered including but not limited to change of address. The Department shall incorporate all new information received into its records but is not required to obtain current information for incorporation in the registry.
B. A man will not prejudice any rights by failing to register if:
1. A father-child relationship between the man and the child has been established pursuant to ǧ 20-49.1, 20-49.8, or if the man is a presumed father as defined in 63.2-1202; or
2. The man commences a proceeding to adjudicate his paternity before a petition to accept consent or waive adoption consent is filed in the juvenile and domestic relations district court, or a petition for adoption or a petition for the termination of his parental rights is filed with the court.
C. Failure to register pursuant to subsection A shall waive all rights of a man who is not an acknowledged, presumed, or adjudicated father to withhold consent to an adoption proceeding unless the man was led to believe through the birth mother's fraud that (i) the pregnancy was terminated or the mother miscarried when in fact the baby was born, or (ii) that the child died when in fact the child is alive. Upon the discovery of the fraud the man shall register with the Putative Father Registry within 10 days.
D. The child-placing agency or adoptive parent(s) shall give notice of a proceeding for the adoption of, or termination of parental rights regarding, a child to a registrant who has timely registered pursuant to subsection A. Notice shall be given pursuant to the requirements of this chapter or ǧ 16.1-277.01 for the appropriate adoption proceeding.
E. Any man who has engaged in sexual intercourse with a woman is deemed to be on legal notice that a child may be conceived and the man is entitled to all legal rights and obligations resulting therefrom. Lack of knowledge of the pregnancy does not excuse failure to timely register except when the identity of such man is reasonably ascertainable. In such event, written notice of the existence of an adoption plan and the availability of registration with the Putative Father Registry shall be provided to the man's last known address. The man shall have no more than 10 days from the date of such mailing to register. The mailing may be done either prior to or after the birth of the child.
F. The Department shall prepare a form for registering with the agency that shall require (i) the registrant's name, date of birth and social security number; (ii) the registrant's driver's license number and state of issuance; (iii) the registrant's home address, telephone number and employer; (iv) name, date of birth, ethnicity, address and telephone number of the putative mother, if known; (v) state of conception; (vi) place and date of birth of the child, if known; and (vii) name and gender of the child, if known.
G. The form shall also state that (i) timely registration entitles the registrant to notice of a proceeding for adoption of the child or termination of the registrant's parental rights, (ii) registration does not commence a proceeding to establish paternity, (iii) the information disclosed on the form may be used against the registrant to establish paternity, (iv) services to assist in establishing paternity are available to the registrant through the Department, (v) the registrant should also register in another state if conception or birth of the child occurred in another state, (vi) information on registries of other states may be available from the Department, (vii) that the form is signed under penalty of perjury, and (viii) procedures exist to rescind the registration of a claim of paternity.
63.2-1251. Furnishing information; confidentiality; penalty [URL="http://www.srislawyer.com/PracticeAreas/VA-Virginia-Adoption-Guardian-Step-Parent-International-Agency-Lawyer-Attorneys.asp#Click_on_some_of_the_statutes_in_Virginia_regarding_adoption_to_learn_more_about_them_"](top)[/URL]
A. The Department is not required to locate the mother of a child who is the subject of a registration, but the Department shall send a copy of the notice of registration to the mother if an address is provided.
B. Information contained in the registry is confidential and may only be released on request to:
1. A court or a person designated by the court;
2. The mother of the child who is the subject of the registration;
3. An agency authorized by law to receive such information;
4. A licensed child-placing agency;
5. A support enforcement agency;
6. A party or the party's attorney of record in an adoption proceeding, or in a proceeding of termination of parental rights, regarding a child who is the subject of the registration; and
7. A putative father registry in another state.
C. Information contained in the registry shall be exempt from disclosure under the Virginia Freedom of Information Act (ǧ 2.2-3700 et seq.).
D. An individual who intentionally releases information from the registry to an individual or agency not authorized to receive the information in this section is guilty of a Class 4 misdemeanor.
63.2-1252. Search of registry [URL="http://www.srislawyer.com/PracticeAreas/VA-Virginia-Adoption-Guardian-Step-Parent-International-Agency-Lawyer-Attorneys.asp#Click_on_some_of_the_statutes_in_Virginia_regarding_adoption_to_learn_more_about_them_"](top)[/URL]
A. If no father-child relationship has been established pursuant to ǧ 20- 49.1, a petitioner for adoption shall obtain from the Department a certificate that a search of the Putative Father Registry was performed. If the conception or birth of the child occurred in another state, a petitioner for adoption shall obtain a certificate from that state indicating that a search of the putative father registry was performed, if that state has a putative father registry.
B. The Department shall furnish to the requester a certificate of search of the registry upon the request of an individual, court, or agency listed in 63.2-1253. Any such certificate shall be signed on behalf of the Department and state that a search has been made of the registry and a registration containing the information required to identify the registrant has been found and is attached to the certificate of search or has not been found. Within four business days from the receipt of the request, the Department shall mail the certificate to the requestor by United States mail. Upon request of the requestor and payment of any additional costs, the Department shall have the certificate delivered to the requestor by overnight mail, in person, by messenger, by facsimile or other electronic communication. The Department's certificate or an appropriate certificate from another state shall be sufficient proof the registry was searched.
C. A petitioner shall file the certificate of search with the court before a proceeding for adoption of, or termination of parental rights regarding, a child may be concluded.
D. A certificate of search of the Putative Father Registry is admissible in a proceeding for adoption of, or termination of parental rights regarding, a child and, if relevant, in other legal proceedings.
ǧ 63.2-1253. Duty to publicize registry [URL="http://www.srislawyer.com/PracticeAreas/VA-Virginia-Adoption-Guardian-Step-Parent-International-Agency-Lawyer-Attorneys.asp#Click_on_some_of_the_statutes_in_Virginia_regarding_adoption_to_learn_more_about_them_"](top)[/URL]
A. The Department shall produce and distribute a pamphlet or other publication informing the public about the Putative Father Registry including (i) the procedures for voluntary acknowledgement of paternity, (ii) the consequences of acknowledgement and failure to acknowledge paternity pursuant to 20-49.1, (iii) a description of the Putative Father Registry including to whom and under what circumstances it applies, (iv) the time limits and responsibilities for filing, (v) paternal rights and associated responsibilities, and (vi) other appropriate provisions of this article.
B. Such pamphlet or publication shall include a detachable form that meets the requirements of subsection F of ǧ 63.2-1252, is suitable for United States mail, and is addressed to the Putative Father Registry. Such pamphlet or publication shall be made available for distribution at all offices of the Department of Health and all local departments of social services. The Department shall also provide such pamphlets or publications to hospitals, libraries, medical clinics, schools, universities, and other providers of child-related services upon request.
C. The Department shall provide information to the public at large by way of general public service announcements, or other ways to deliver information to the public about the Putative Father Registry and its services.
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