Establishing Parental Rights for Unmarried Fathers in North Dakota
In North Dakota, the legal rights of unmarried fathers are not automatically established at the birth of a child. The father must take specific legal steps to establish paternity and secure parental rights. This process is governed by the Uniform Parentage Act as outlined in the North Dakota Century Code.
Voluntary Acknowledgment of Paternity
The most straightforward way for an unmarried father to establish parental rights is through a voluntary acknowledgment of paternity. According to North Dakota Century Code 14-20-11 through 14-20-24, a man can establish a father-child relationship by effectively acknowledging paternity, unless the acknowledgment has been rescinded or successfully challenged.
A voluntary paternity establishment entity may provide the mother and the alleged father with written materials about paternity establishment, the forms necessary to voluntarily acknowledge paternity, a written and oral description of the rights, responsibilities, and legal consequences of establishing paternity, and the opportunity to speak with staff trained to clarify information and answer questions about paternity establishment.
Before accepting a voluntary acknowledgment of paternity, the entity must afford due process safeguards by informing the parties of their rights and responsibilities. Once the acknowledgment is filed with the department on a form approved by the department, the man becomes an “acknowledged father” under the law (North Dakota Century Code 14-20-02).
Adjudication of Paternity
If the mother disputes the paternity or if the alleged father has doubts, he can seek an adjudication of paternity. This process involves the court and may require genetic testing. According to North Dakota Century Code 14-20-07, a father-child relationship can be established by an adjudication of the man’s paternity.
Presumption of Paternity
Under certain circumstances, a man is presumed to be the father of a child. As per North Dakota Century Code 14-20-10, a man is presumed to be the father if he and the mother are married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or after a decree of separation.
Assisted Reproduction
If a man consents to assisted reproduction by a woman which results in the birth of the child, the father-child relationship is established under sections 14-20-59 through 14 -20-65 of the North Dakota Century Code.
Rights of the Child
Regardless of the marital status of the parents, a child has the same rights under the law. As per North Dakota Century Code 14-20-08, a child born to parents who are not married to each other has the same rights as a child born to parents who are married to each other.
Consequences of Establishing Parentage
Once the father-child relationship is established, it applies for all purposes, unless parental rights are terminated. This includes rights to custody, visitation, and the obligation to support the child financially. This is outlined in North Dakota Century Code 14-20-09.
In conclusion, establishing parental rights for unmarried fathers in North Dakota involves either voluntary acknowledgment of paternity, adjudication of paternity, presumption of paternity, or consent to assisted reproduction. It is crucial for unmarried fathers to understand these processes to secure their parental rights and fulfill their responsibilities towards their child.