Putative Father's Rights Case Study

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There once was a nice young couple, Annie and George. They were both college students and madly in love. The couple had been dating for two years and saw themselves getting married after they graduated from college. Behold, a surprise, Annie finds out that she is pregnant. George is supportive. He stands with her during the pregnancy, pays costs of the pregnancy, and they even discuss marriage after the birth. Annie has the child and George is supportive and they both sign the birth certificate, but then Annie starts to realize she might be too young to be a mother. She tells George she is going home to be with her parents for a few months. George thinks nothing of it and wishes her the best, as he finishes the semester. Once Annie is home …show more content…
This section was amended by the Idaho legislature over the past few years, but still has many problems. First, Idaho Code 16-1513 does not provide attempt to notify a large enough of a class of potential parents. This failure makes the Idaho Code unconstitutional. The Idaho Code is immensely complicated, multilayered and does not provide proper notice to a large enough of a group of unwed fathers. The Lehr test, for a putative father statute, is still good law and controls the rights unwed fathers …show more content…
First, section II cover how the Supreme Court has ruled of this topic and how the Idaho Supreme Court has interpreted that ruling. In a series of four cases: Stanley v. Illinois, Quilloin v. Walcott, Caban v. Mohammed, and finally Lehr v. Roberston. The Lehr case is the most crucial of all four. Lehr provides the “biology-plus standard,” stating that a putative father’s biology offers him the opportunity that no other man has, but he must grasp the opportunity by building a relationship with the child. States must have a statutory scheme that includes most responsible unwed fathers within the requirement for notice and they cannot place the ability to qualify for notice completely outside the reach of the unwed
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