Establishing Paternity in North Dakota
Establishing paternity is a crucial legal process that determines the legal father of a child. In North Dakota, the law provides several ways to establish paternity, each with its own timeline. This article will explore the various methods and their respective timeframes, as outlined in the North Dakota Century Code.
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 voluntary acknowledgment can be made at any time after the child’s birth.
Procedure for Voluntary Acknowledgment
According to North Dakota Century Code 14-20-12 (302), an acknowledgment of paternity must be in a record and signed, or otherwise authenticated, under penalty of perjury by the mother and the man seeking to establish paternity. The acknowledgment must state that the child whose paternity is being acknowledged does not have a presumed father or that the presumed father’s full name is stated. It must also state that there has been no genetic testing or that the acknowledging man’s claim of paternity is consistent with the results of genetic testing.
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 and the mother of the child are married to each other and the child is born during the marriage. This presumption also applies if the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or after a decree of separation.
Disputing Paternity
In cases of assisted reproduction, the husband of a wife who gives birth to a child may not challenge his paternity of the child unless, within two years after learning of the birth of the child, he commences a proceeding to adjudicate his paternity and the court finds that he did not consent to the assisted reproduction, before or after the birth of the child (North Dakota Century Code 14-20-63 (705)).
Paternity Establishment Services
According to North Dakota Century Code 14-20-07 (201), at any time after an unmarried woman is determined to be pregnant, a voluntary paternity establishment entity may provide the mother and the alleged father with the opportunity to voluntarily acknowledge paternity. This service includes providing written materials about paternity establishment, the forms necessary to voluntarily acknowledge paternity, and a description of the rights, responsibilities, and legal consequences of establishing paternity.
Conclusion
In conclusion, the timeframe for establishing paternity in North Dakota varies depending on the method used. For voluntary acknowledgment, it can be done at any time after the child’s birth. For disputing paternity in cases of assisted reproduction, the husband has two years after learning of the child’s birth. It is always advisable to consult with a legal professional when dealing with paternity issues to ensure that all legal procedures are correctly followed.