LD 1526, Page 34 - 122th Legislature, FIRST SPECIAL Session

[The Uniform Putative and Unknown Fathers Act] does not include a

putative fathers registry requirement for, essentially, three

reasons: (1) while "ignorance of the law is no excuse," most

fathers or potential fathers--even very responsible ones--are not

likely to know about the registry as a means of protecting their

rights, and the objective is providing some actual protection, not

relying on a cliche more relevant to the criminal law; (2)

individual state registries do not protect responsible fathers in

interstate situations; and (3) since the registries rely on

unsupported claims, their accuracy is in doubt and their potential

for an invasion of privacy and for interference with matters of

adoption, custody, and visitation is substantial. It has also been

pointed out that such a registry could provide a means for

blackmailing the mother. The registry can, however, provide a

simple (albeit "hard-nosed" and potentially unjust) solution when a

father fails to register, as in Lehr v. Robertson.

The new UPA reverses that approach by accepting the importance
and utility of a parentage registry to facilitate infant
adoptions. Under circumstances in which the mother consents to
the adoption of her infant child, time is of the essence in
placing an infant with the adoptive parents. Therefore, resort to
the constitutionally approved paternity registry system is
appropriate. But, the Act limits the effect of the registry to
cases in which a child is less than one year of age at the time
of the court hearing, see § 405, infra. This recognizes the need
to expedite infant adoptions, while properly protecting the
rights of those nonmarital fathers who may not have registered,
but instead have established some relationship with the child
following birth. This gives the nonmarital father the opportunity
to step forward to accept the responsibilities of parenthood,
while not derailing infant adoptions. Requiring notification to
the alleged father of a proceeding when the child has reached one
year of age or more will not unduly delay the placement of an
older child. Further, this Act excepts from the registration
requirement a man who timely initiates a proceeding for
paternity, notwithstanding his failure to register.

Article 1

General Provisions

§1871.__Establishment of registry

The State Registrar of Vital Statistics shall establish a
registry of paternity within the Office of Data Research and
Vital Statistics.

§1872.__Registration for notification

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