Establishing Paternity in North Dakota
Establishing paternity is a crucial legal process that determines the legal father of a child. In North Dakota, paternity can be established through various methods, as outlined in the North Dakota Century Code. This article will provide a comprehensive guide on how to establish paternity in North Dakota, referencing the relevant legal statutes and procedures.
Voluntary Acknowledgment of Paternity
Under North Dakota Century Code 14-20-11 (301), 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 is a voluntary process that both parties must agree to.
Execution of Acknowledgment of Paternity
According to North Dakota Century Code 14-20-12 (302), an acknowledgment of paternity must be in a record. This record is a legal document that both the mother and the alleged father sign, acknowledging the man as the child’s legal father.
Voluntary Paternity Establishment Entity
As per North Dakota Century Code 14-20-12 (302), a voluntary paternity establishment entity can 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.
Presumption of Paternity
Under North Dakota Century Code 14-20-10 (204), a man is presumed to be the father of a child if he is married to the mother at the time of the child’s birth, if the child is born within 300 days after the marriage is terminated, if he marries the mother after the child’s birth and agrees to have his name on the birth certificate, or if he promises in a record to support the child as his own. This presumption can be rebutted only by an adjudication under sections 14-20-36 through 14-20-58.
Adjudication of Paternity
A civil proceeding can be maintained to adjudicate the parentage of a child, as per North Dakota Century Code 14-20-36 (601). This proceeding is governed by the North Dakota Rules of Civil Procedure. A proceeding to adjudicate parentage can be maintained by the child, the mother of the child, a man whose paternity of the child is to be adjudicated, the support enforcement agency, the petitioner for adoption, the guardian of the individual, the legal custodian of the child, or the individual standing in parental relationship to the child, an agency, or any other individual having a legitimate interest in the matter, as per North Dakota Century Code 14-20-37 (602).
Conclusion
Establishing paternity in North Dakota involves several legal procedures, including voluntary acknowledgment, presumption of paternity, and adjudication of paternity. It is crucial to understand these procedures and the associated legal implications. If you are unsure about any aspect of this process, it is advisable to seek legal counsel to ensure that you are making informed decisions.