Establishing Paternity from Out-of-State
Establishing paternity is a crucial legal process that determines the biological father of a child. This process is governed by state laws, and in North Dakota, it is primarily regulated by the North Dakota Century Code. This article will discuss the process of establishing paternity in North Dakota for individuals living out-of-state.
North Dakota Paternity Laws
Under the North Dakota Century Code 14-20-07 (201), the father-child relationship can be established by an acknowledgment of paternity, an adjudication of the father’s paternity, or the man’s adoption of the child. The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child.
Establishing Paternity from Out-of-State
According to North Dakota Century Code 14-20-39 (604), the court can exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in section 14 -12.2-04 are fulfilled. This means that even if you live out-of-state, you can still establish paternity in North Dakota if the court has personal jurisdiction over you.
Genetic Testing
Genetic testing is a common method used to establish paternity. As per North Dakota Century Code 14-20-29, unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child under this section must be adjudicated the father of the child. If the court finds that genetic testing neither identifies nor excludes a man as the father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity.
Acknowledgment of Paternity
The North Dakota Century Code 14-20-11 (301) and 14-20-12 (302) provide that the mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with the intent to establish the man’s paternity. This acknowledgment must be in a record and can be executed even if the alleged father is out-of-state.
Adjudication of Paternity
If the results of genetic testing are conclusive, or if there is an acknowledgment of paternity, the court can adjudicate the man as the father of the child. According to North Dakota Century Code 14-20-50 (623), 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.
In conclusion, even if you live out-of-state, you can establish paternity in North Dakota. However, it is advisable to consult with a legal professional to understand the specific requirements and procedures involved.