Establishing Paternity and Changing a Child’s Last Name in North Dakota
In North Dakota, the process of establishing paternity and changing a child’s last name involves several legal procedures. These procedures are governed by the North Dakota Century Code and are designed to protect the rights of all parties involved, including the child, the mother, and the father.
Establishing Paternity
Paternity in North Dakota can be established in several ways, as outlined in the North Dakota Century Code 14-20-10. These include an unrebutted presumption of the man’s paternity, an effective acknowledgment of paternity by the man, an adjudication of the man’s paternity, adoption of the child by the man, or the man’s consent to assisted reproduction which resulted in the birth of the child.
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, as per North Dakota Century Code 14-20-11. This acknowledgment must be in a record and must be filed with the department on a form approved by the department, which includes the social security number of the parents and any other information required by the secretary of the United States department of health and human services, as per North Dakota Century Code 14-19-05.
Changing a Child’s Last Name
Once paternity has been established, the process of changing a child’s last name can begin. However, it’s important to note that establishing paternity does not automatically grant the right to change a child’s last name. The decision to change a child’s last name is a separate legal process that must be approved by a court.
In North Dakota, the process of changing a child’s last name typically involves filing a petition with the court. The court will then consider several factors before making a decision. These factors may include the child’s best interests, the reasons for the name change, and the potential impact of the name change on the child’s relationship with both parents.
It’s also important to note that the consent of both parents is typically required for a name change. If one parent objects to the name change, the court will consider the reasons for the objection and may decide not to grant the name change.
In conclusion, while it is possible to change a child’s last name after establishing paternity in North Dakota, it is a separate legal process that requires court approval. It’s recommended to consult with a legal professional to understand the specific requirements and procedures involved in your situation.