When a man learns he is going to be a father, his world changes. He may feel excitement, nervousness, or even fear. And he might also ask, Does a father have rights to an unborn child in Kentucky? The answer is that an expectant father has very few rights before a child is born, but there are some. This is an important issue that impacts many expectant fathers, and we can guide you through your options.
Pamela C. Bratcher, Attorney at Law, has multiple decades of experience providing top-level legal advice. Attorney Pamela Bratcher keeps a strong focus on protecting parents in Kentucky, and she is here to protect you.
The Father’s Role in Pregnancy
A father plays an essential role in the life of his child, even before birth. He may want to be involved in prenatal care, provide emotional support to the mother, and prepare for the baby’s arrival. However, the legal system treats the rights of a father differently before and after birth. This leaves many fathers wondering, What rights does a father have to an unborn child?
Does the Father Have Rights to an Unborn Child?
Under Kentucky law, fathers have limited legal rights regarding unborn children. The mother has the primary right to make decisions about her pregnancy, including medical choices. Courts typically do not recognize a father’s legal rights until after the child is born. This means that a father may have little say in decisions made during pregnancy.
Kentucky’s ban on terminating pregnancies is in effect, but the law allows for certain procedures to prevent a risk of death to the mother. However, Kentucky law may require a healthcare provider to notify the husband of a pregnant woman before performing a medical procedure that might terminate the pregnancy.
Once the child is born, the father can establish legal rights and responsibilities. These rights include:
- Custody,
- Visitation, and
- Child support (when the father is not in a relationship with the other parent).
Establishing paternity is the first step in securing these rights.
Establishing Paternity in Kentucky
Paternity is the legal recognition of a man as a child’s father. Kentucky law presumes that husbands are the fathers of children born to their wives or born within 10 months of getting married. Otherwise, a father can establish paternity in several ways, including:
- Voluntary acknowledgment. If both parents agree, each parent can submit an affidavit regarding the child’s paternity, or each parent can testify in court regarding paternity.
- Court order. A father, mother, child, person, or government agency can ask the court to establish paternity. This court process can include genetic testing.
Once paternity is established, the father can seek custody or visitation rights.
Can a Father Prevent an Adoption Before Birth?
Yes. In Kentucky, a father (married or unmarried) has the right to stop an adoption, but an unmarried and unestablished father may have to take certain legal steps before he can affect the adoption process.
The Kentucky putative father registry allows an unmarried and unestablished father (or expectant father) to register his possible paternity of a child. If the mother decides to place the child for adoption, the registered father must be notified.
If you are a father who wants to protect your parental rights, you should:
- Register with Kentucky’s putative father registry as soon as possible,
- Seek legal counsel to understand your options, and
- Be prepared to prove your willingness and ability to care for your child.
The putative father registry can also require notice to a registered father and a chance for him to be heard before any involuntary termination of his parental rights.
Take Action Now
If you are an expectant father and want to be involved in your child’s life, don’t wait. While the law may limit your rights before your child’s birth, you can take steps to ensure you have a role in your child’s future. Contact Pamela C. Bratcher, Attorney at Law, for a consultation, and let us help protect your rights. Our office receives top reviews, and attorney Pamela Bratcher has over 30 years of experience. Let’s work together to ensure you are part of your child’s life from the very beginning.