Establishing Paternity in North Dakota
In North Dakota, the legal process of establishing paternity is governed by the North Dakota Century Code (NDCC), specifically chapters 14-20 and 14-19. Paternity establishment is a crucial step in ensuring the legal rights and responsibilities of a father towards his child, including child support, custody, and visitation rights. It also provides the child with access to the father’s medical history and potential benefits such as inheritance, social security, and health insurance.
Voluntary Acknowledgment of Paternity
According to NDCC 14-20-11, 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 process is facilitated by a voluntary paternity establishment entity, which provides the necessary forms and information about the rights, responsibilities, and legal consequences of establishing paternity (NDCC 14-20-12).
The acknowledgment of paternity must be in a record, signed under penalty of perjury by both the mother and the man seeking to establish his paternity, and filed with the Department of Health and Human Services. It must also state that the child does not have another acknowledged or adjudicated father and that the acknowledging man’s claim of paternity is consistent with any genetic testing results, if applicable (NDCC 14-20-12).
Presumption of Paternity
In certain circumstances, a man is presumed to be the father of a child under North Dakota law. These circumstances include if the man was married to the mother of the child at the time of birth or within 300 days of the termination of the marriage, if he voluntarily asserted his paternity of the child in a record filed with the Department of Health and Human Services, or if he resided in the same household with the child for the first two years of the child’s life and openly held out the child as his own (NDCC 14-20-10).
This presumption of paternity can only be rebutted by an adjudication under sections 14-20-36 through 14-20-58 of the NDCC.
Adding a Father’s Name to the Birth Certificate
Once paternity has been established, either through voluntary acknowledgment or presumption, the father’s name can be added to the child’s birth certificate. According to NDCC 14-20-12, if a man has voluntarily asserted his paternity in a record filed with the Department of Health and Human Services, he can agree to be and be named as the child’s father on the child’s birth certificate.
It’s important to note that an acknowledgment of paternity is equivalent to a judicial adjudication of paternity of the child, and a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two years (NDCC 14-20-12).
In conclusion, yes, a father’s name can be added to the birth certificate after paternity is established in North Dakota. This process involves either a voluntary acknowledgment of paternity or a presumption of paternity under specific circumstances, both of which are governed by the North Dakota Century Code.