What is a Voluntary Paternity Acknowledgement?
A voluntary paternity acknowledgement is a legal form that allows parents who are unmarried at the time of their child’s birth to establish the child’s legal paternity.
When an unmarried mother and father complete and sign a voluntary paternity acknowledgement form at the hospital when their baby is born, they are legally establishing the father’s paternity. This allows the father’s name to appear on the birth certificate and means both parents have legal rights and responsibilities for raising the child.
Some key things to know about voluntary paternity acknowledgements:
– Both the mother and putative (believed to be) father must consent and sign the form. Signing is voluntary but has legal implications.
– It establishes legal paternity – the father is recognized as the legal parent. This gives the father custody/visitation rights, the obligation to financially support the child, and other legal rights and duties.
– The signed form establishes a rebuttable presumption of paternity. Either parent can rescind within 60 days. After 60 days, the acknowledgement can only be contested in court on the basis of fraud, duress, or material mistake of fact.
– The process is intended to be simple and routine at the hospital after birth so both unmarried parents can establish legal parentage rights from the start.
So in essence, a voluntary paternity acknowledgement is a straightforward, routine legal process that allows unmarried parents to document paternity for rights and responsibilities. Signing it is voluntary but has legal consequences in terms of custody, child support, and more.
It is recommended that you seek a consultation from a Family Law Attorney to ensure you understand Paternity Establishment in your state.
Benefits of Establishing Paternity
There are several notable benefits to establishing paternity through a voluntary acknowledgement:
1. Custody rights: An acknowledged legal father has an equal right to custody and visitation as the mother. This gives the father legal ability to be involved in making decisions about the child’s welfare.
2. Inheritance rights: A legally acknowledged father can have rights of inheritance if the child should inherit. The child also inherits rights from the father, like Social Security benefits if eligible.
3. Child support: Voluntary acknowledgement makes legal responsibilities clear. The father has a duty to financially provide for the child per state child support guidelines. This benefits the child’s well-being.
4. Healthcare/insurance benefits: As a legal parent, the father can add the child to his health insurance policy to cover healthcare costs if employer policies permit.
5. Simplified process: The acknowledgement documents paternity at birth for unmarried parents instead of going to court later. This can be less time-consuming and costly.
While acknowledging paternity has legal benefits, genetic testing can also conclusively prove biological relationships. Courts may order or parents may independently seek testing to confirm parentage or resolve disputes. Though voluntary acknowledgement establishes legal paternity regardless of biology.
Does a Genetic Test establish paternity?
Genetic testing, commonly referred to as a paternity test, is a reliable method used to determine the paternity of a child. This test is typically considered when the purported biological father does not sign an acknowledgment of paternity form, either at the hospital or with a birth certificate registrar, and there is a need to establish legal paternity.
If you require fast, accurate and affordable legally admissible paternity testing results. Contact IDTO at 877-680-5800 today to schedule an appointment today.
