Almost half (45%) of all births in South Carolina are to single mothers, with the dad acknowledging paternity for fewer than half of those children. When both parents are involved and take responsibility for their child, this is less of an issue. But far too many do not, and then it does become an issue for our children and for our state as a whole. Permanency for these children can be delayed, contested and disrupted when paternity is in question. Fortunately, the SC General Assembly passed the Responsible Father Registry bill during the 2009 legislative session, making SC the 34th state to enact a law of this kind. The Registry will:

• Give unwed fathers the opportunity to document their possible claim for paternity rights or foreclose those rights in a timely manner
• Shorten the length of time children must spend in foster care by speeding adoptions
• Help avert disrupted adoptions
• Protect privacy
• Save the state money

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   What is the Responsible Father Registry?

   The Registry creates a mechanism for a man, who has potentially fathered a child with a woman he is not married to, to protect his parental rights to that child. If a man, who is not otherwise involved in the child’s life, wants to receive notice of a legal proceeding that could adversely impact his parental rights, he will provide his name and address to the Registry, along with the names of the birth mother and child (if known). If a termination of parental rights or adoption action is filed regarding his child, the law requires the party initiating the action to notify him of the proceeding so that he can come forward to assert his rights to the child.

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   Why is the Responsible Father Registry necessary?

   Historically, men who father children with women they are not married to have fewer rights regarding their children than unwed mothers or married parents. The Registry gives them a way to protect their rights to any children they may have potentially fathered. Additionally, it streamlines the termination of parental rights and adoption process by not requiring notification to men who have not taken steps to assert their interest in a child’s life.

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   Do all fathers have to register?

   No. The Registry addresses the rights of putative fathers. Webster’s Dictionary defines “putative” as “thought to be, or reputed.” Essentially, a putative father is a man who has sexual intercourse with a woman he is not married to and who may have fathered a child with her. The men who do not need to register include:

   • Legal or presumed fathers, who are married to the mother of the child;
   • Adjudicated fathers, whose paternity has been established by a court;
   • Acknowledged fathers, who include the following:
   o fathers who are living with the child or the child’s mother
   at the time the adoption or TPR proceeding is initiated and
   who openly hold themselves out to be the child’s father; or
   o fathers who support the child and/or maintain substantial
   contact with the child; or
   o fathers who have been identified in a sworn written
   statement by the mother; or
   o fathers whose names appear on a child’s birth certificate.

   The parental rights of these men are already protected in that they are statutorily entitled to notice of any legal action affecting their parental rights.

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   How does the Registry work?

   Men voluntarily place their names, addresses and the names of the birth mother and child (if known) on the Registry. There is no charge to place one’s name on the Registry and there is no public access to the Registry. Agencies or adoptive parents seeking to terminate parental rights or parties involved in an adoption action initiate a search of the Registry to identify any potential, unknown fathers of the child. A fee is charged for searching the Registry.

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   Can anyone place any person’s name on the Registry?

   No. A person can only place his own name on the Registry.

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   Will the act of registering incur an obligation of child support?

   No. The use of the registry is specifically limited to providing notice to unwed fathers in TPR and adoption proceedings. More specifically, the legislation states "...claim of paternity must not be deemed an acknowledgment of paternity, and a claim of paternity filed with the registry is not admissible in any proceeding..." which would include a child support proceeding. [See 63-9-820 (C)]

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   Do other states have the Registry?

   Yes. Thirty-three other states, including Arkansas, Florida, Georgia, Louisiana, Tennessee, Texas and Virginia, have a putative father registry. Putative father registries have been proposed in five other states, and legislation establishing a national putative father registry is presently pending in the United States Senate.

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   Is it fair to require a putative father to register with the Responsible Father Registry?

   Again, the Registry does not apply to presumed, adjudicated, or acknowledged fathers. Their rights are already legally protected. Putative fathers are fathers who have not yet stepped forward to assume responsibility for a child. Asking these men to place their names on a confidential registry, at no cost to them, is a fair and reasonable process to enable them to protect their parental rights.

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   How will fathers learn of the Registry’s existence?

   Men will learn about the Registry through a variety of publications distributed throughout the State. In addition, any man consulting an attorney about exercising his parental rights will be informed of the Registry’s existence.

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    Is the Registry applicable to both DSS adoptions and private adoptions?

    Yes, the Registry applies to any child who may be involved in an adoption action.

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    Will the Registry shorten the time children remain in foster care?

    Yes. Presently South Carolina’s children in foster care remain in the system twice as long as the national standard. Legal delays often result due to rumors that another man might be the child’s father or because of the legal requirement to notify “John Doe” through publication. The Registry will eliminate the expenditure of time, money, and public resources currently used searching for fathers who do not want to be found.

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    Will the Registry end the practice of publication for “John Doe” fathers?

    Yes. Prior to the Registry, in order to terminate the parental rights of unknown fathers, DSS or the adopting parents were required to publish an ad once a week, for three consecutive weeks, notifying “John Doe” of the pending TPR and/or adoption action. Few people read such ads, and fewer still, if any, responded.

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    Will the State save money by establishing the Registry?

    Yes. Not only will the State save money by reducing the amount of money spent on publishing costs; it will also save money by reducing the length of time children spend in foster care. Children often languish in foster care due to delays in the termination of parental rights process. Shortening the time children remain in foster care could save the State millions of dollars, while doing the right thing for kids. For example, if the average length of time SC children spend in foster care were reduced by only one month, it would save the State $1.7 million dollars in foster care board payments alone.

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    When will the Responsible Father Registry become active?

    Unmarried fathers can begin registering on January 1, 2010, and searches of the Registry will replace “John Doe” publications on July 1, 2010.