Surrogate Father Definition and Legal Meaning

Last updated on April 24, 2023

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What is a Surrogate Father?

A surrogate father is a person who is deemed not to be the natural parent to a child but acts as the guardian and father figure for the child. This can be an official or unofficial title depending on the specific situation of the child.

Purpose and Meaning of a Surrogate Father

The term “surrogate father” is used to refer to a person who is not the natural father of a child but acts in their place of them. It is important to note that there are many situations where this can occur such as fostering, adopting, or taking guardianship of a minor child.

While some people refer to a surrogate father being someone who steps in for a child when there is no father figure, there are other situations where the term applies as well. Whether the man is in a relationship with the mother of the child or not, they may be able to step into the role of surrogate father.

In most cases, a surrogate father is a man who steps in when there is no natural father in existence or the picture. This can be through being a foster parent where a couple takes in children for a set amount of time.

Other situations where a surrogate father may be acknowledged by the court, is when the natural parent of a minor child is no longer in the picture. Whether this occurs as a result of the parents passing away or the child being taken away from the natural parents, the man who takes guardianship becomes known by the court as the surrogate father.

In some cases, a surrogate father may be a person who is actively involved with the child’s natural mother or another parent. When there is an acknowledged relationship between two individuals and a child is in the picture, one of the male parties involved can be deemed the surrogate father.

The bottom line when it comes to a surrogate father is that this is a person who is seen by the courts as someone who is stepping in for another person. Whether it is a short-term or long-term situation, the surrogate father can act on behalf of the best interest of the child involved.

Examples of a Surrogate Father

• When a couple chooses to become foster parents to a child who does not have parents in the picture, the man in the situation becomes known as the surrogate father. This means that he is taking care of a child who does not have a father in the picture.
• If an individual woman has a child, but there is no father in the picture, they may seek the help of a family friend to be a father figure for their child. In this type of situation, the family friend is seen as a surrogate father for the child.
• If a child suddenly loses both parents, and another family member steps up to take responsibility, they may be seen as the surrogate parent. Oftentimes, a male family member who steps in to take care of a minor child when the parents pass away is seen as the surrogate father to the child.

Legal Terms Associated with Surrogate Father

• Physical Custody: This term refers to the legal agreement that states where a minor child will live permanently. This is often used to determine the placement of a child in the case of a divorce, separation, or other agreement concerning the welfare of a child.
• The best interest of a child: This is a determination made often by a family court judge to determine what is best for a minor child. In many cases, family court judges hear the sides of all parties involved to determine what situation is in the best interest of a child.
• Surrogacy agreement: This is a legal agreement between both parties involved in a surrogacy situation. The agreement is put in place by attorneys for both parties to ensure that their legal rights are protected throughout the obligatory timeframe.
• Legal Father: While in most cases when a child is born the paternal father is listed on the birth certificate, there are some cases where this does not happen. A legal father is defined as either the person stated on the birth certificate, a person who legally adopts a child or a person who is appointed by a court of law as the legal parent of a child.

Reference Legal Explanations

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