Mr. Mens Rights

Talking about a man's role in the world today.

Putative Father's Registry

		By Jeremy Eugene Reed in General Published: Sunday, 16 December 07 - 11:57 PM (GMT)

Virginia has recently created the putative father registry.  On a website explaining the registry, the goal is said to be to protect father’s rights.  See the website here http://www.dss.virginia.gov/family/ap/putative_brochure.pdf .  But if we think through the registry, I think that we will find that the real goal of the registry is to make it harder for biological fathers to assert their rights when the mother decides to give a child up for adoption, have a new partner adopt the child, or when the mother will in some other way terminate parental rights. 

            The registry works like this:  By putting your name on the registry, you “protect” your rights as a father.  From the registry brochure-“Timely registration entitles you to notification of termination of parental rights or adoption proceedings for a child

You may have fathered.”  So, register every time you have sexual congress with a woman.  Again, from the brochure-“You may register as many times as you would like for each potential pregnancy or different child. If you have multiple relationships with the same person or more than one female that you are involved with you need to register for each.

If you have multiple relationships with the same person you can indicate the time period on the registration from in the space provided in the dates of possible conception.”  So, register for any time period in which you have sexual relations with any female.  “If you have multiple relationships with the same person…you need to register for each.”  Does this mean what it says?  Register every time that you have sex. 

            So what does this tell us about the state’s goal?  While the stated goal is to protect father’s rights, what is the reality of this goal?  If every time an (unmarried) man had sex with a woman he registered with the state, what would this mean in administrative costs?  The 2006 population estimate is a little of 7.6 million people, 50.8% of these people being female (making 49.2% male.)  35.5% of people are either over 65 years old or under 18 years old.  This means that roughly 2,460,000 men would be eligible for this registry.  See the numbers here http://quickfacts.census.gov/qfd/states/51000.html .  31% of men were unmarried in 2000-see the numbers here http://answers.google.com/answers/threadview?id=347051 .  So that means 762,000 or so men might find a need for this registry.  (This number excludes those that are married and having affairs, who also would arguably need to register.) 

            So why the exercise in math?  While there are not a lot of trustworthy statistics on how many men are sexually active outside of marriage, it is probably safe to assume that it is more rather than less.  So being conservative, let’s say half of these men have a non-marital sexual encounter 2 times a year.  (This makes the math easy for me, I do not endorse that this figure is reasonable, I tend to believe that it is rather low.)  So every year, 762,000 thousand individual registrations would be required.  This is a staggering number, and probably a very low estimate of the numbers really involved.  Does Virginia really think that every year 762,000 men will register whom they had sex with?  Or is it more likely that Virginia thinks that every year 762,000 men WONT register?  If the men don’t register, time and expense can be saved when woman want to have their children adopted or otherwise terminate parental rights.

            This article has some interesting quotes- http://hamptonroads.com/node/301231 .  “Frankly, I think we're being too kind to these men. Guys who don't stick around long enough to find out whether they've caused a pregnancy have terminated their paternal rights.”  This overly simplifies a complicated issue.  One, this statement ignores the fact that the ONLY person who knows that a pregnancy has occurred that also KNOWS who the father may be is the woman.  Why aren’t we worried about being too kind to women that don’t notify the potential father?  Why do we need a registry to make it easier for women to avoid notification?  The answer is we don’t.  A registry commanding men to release the most intimate details of their life in order to protect what the Supreme Court has called a fundamental right (the right to procreate) is a gross overstep of governmental power, and is wrongheaded in its application.  Simply stating that men who don’t know that they have fathered a child don’t deserve the child is unfair.  Men don’t always know.  Example:  A man has a five year relationship with a woman.  He loves her, and never abuses her or does anything untoward towards her.  The man and woman live together, and have sexual relations regularly, but have never married.  One day, the man comes home to find a “dear john” letter, telling him that his girlfriend has left, does not want him to find her, and that she does not love him.  So the man goes about his life.  He follows her wishes and does not seek her out.  Unknown to him, she left after she had become pregnant.  She gives birth, and decides to put the child up for adoption.  So, if this man did not register his five year relationship, then he is out of luck.  And when should he have registered?  What if he registered the first two years of the relationship, and then stopped because he felt like he was in a committed relationship?  What if he never registered because he believed (Rightly, if you ask me) that the frequency and number of his sexual encounters are NONE OF THE STATES BUSINESS.  But if he didn’t register, he could lose all rights to his child BY DEFAULT. 

            And 35 other states have done this.  This policy brief explains the “logic” behind these rules.  http://web.missouri.edu/~umchescfprwww/punativefatherpolbrf.pdf .  These quotes from the brief blew me away.  “Notice of pending adoptions is not required for unwed fathers who have not filed or not filed in a timely manner with the Putative Father Registry or otherwise established paternity legally” and “Sexual intercourse serves as notice of possible conception. A lack of knowledge of a pregnancy or birth does not constitute an acceptable reason for failing to register.”  Again, the mother knows who the father may be, yet the responsibility falls completely on the potential father.

            I understand that establishing paternity is an important state goal, and I even understand the need for some final point where adoptions can occur.  But to remove any responsibility for notification from the mothers, and to place an unduly burdensome requirement on men in order to protect a most basic of rights is not the answer.  To give a counterpoint to this registry, what if the state enacted a rule where all women had to name all potential fathers of children they have had, and if it is found that they left the actual biological father off of the list, then the mother would lose all parental rights.  I believe that we would hear much more about this type of rule, and the outcry would be tremendous.  Being unfair to women is not the answer, just as being unfair to men is not the answer.  The easy solution to a problem is not always the right solution.  Here’s to hoping that at some point those in power choose to adopt reasonable solutions, not the easy to sell solutions.

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