Establishing Paternity in North Dakota
In North Dakota, establishing paternity is governed by the North Dakota Century Code (NDCC) Chapter 14-20, which outlines the legal procedures and requirements for determining parentage. This article will focus on the process of establishing paternity when the mother is married to someone else.
Presumption of Paternity
Under NDCC 14-20-10 (204), a man is presumed to be the father of a child if he and the mother of the child are married to each other and the child is born during the marriage. This presumption also applies if the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or after a decree of separation. This presumption can be rebutted only by an adjudication under sections 14-20-36 through 14-20-58.
Establishing Paternity When the Mother is Married to Someone Else
If the mother is married to someone else, the process of establishing paternity becomes more complex. The man claiming to be the genetic father of the child may sign an acknowledgment of paternity with the intent to establish his paternity, as per NDCC 14-20-11 (301). However, this acknowledgment must meet certain requirements outlined in NDCC 14-20-12 (302), including being in a record and being signed, or otherwise authenticated, under penalty of perjury by the mother and the man seeking to establish paternity.
Genetic Testing
In some cases, genetic testing may be necessary to establish paternity. According to NDCC 14-20-50 (623), genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being adjudicated. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated.
Adjudication of Paternity
A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing, as per NDCC 14-20-50 (623). If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.
Conclusion
Establishing paternity in North Dakota when the mother is married to someone else involves navigating complex legal procedures. It is advisable to seek legal counsel to ensure that all necessary steps are taken and that the rights of all parties involved are protected. The process may involve signing an acknowledgment of paternity, undergoing genetic testing, and potentially participating in a court proceeding to adjudicate parentage.