Paternity Process Duration in North Dakota
The duration of the paternity process in North Dakota can vary significantly depending on the specific circumstances of each case. However, certain legal timeframes and procedures outlined in the North Dakota Century Code provide some guidance on the potential timeline.
Establishing Paternity
Under North Dakota law, paternity can be established in several ways, each with its own timeline. For instance, an acknowledgment of paternity can be signed before the birth of the child or after, and it takes effect on the birth of the child or the filing of the document with the Department of Health and Human Services, whichever occurs later (14-20-14). This means that paternity can be established almost immediately if both parents agree.
Disputing Paternity
If paternity is disputed, the process can take longer. According to section 14-20-63 of the North Dakota Century Code, a husband who wishes to challenge his paternity of a child born through assisted reproduction must commence a proceeding to adjudicate his paternity within two years after learning of the child’s birth.
Genetic Testing
In cases where genetic testing is used to determine paternity, the timeline can be extended. The court may order genetic testing under section 14-20-29, and the results of this testing, along with other evidence, are admissible to adjudicate the issue of paternity. The time it takes to obtain and process these results can add to the duration of the paternity process.
Legal Proceedings
Legal proceedings to adjudicate paternity can also add to the timeline. For instance, a signatory to an acknowledgment of paternity may commence a proceeding to challenge the acknowledgment on the basis of fraud, duress, or material mistake of fact within two years after the acknowledgment is filed with the Department of Health and Human Services (14-20-18).
Furthermore, if a child has an acknowledged or adjudicated father, an individual seeking an adjudication of paternity must commence a proceeding not later than two years after the effective date of the acknowledgment or adjudication (14-20-44).
Court Adjudication
Finally, the court’s adjudication process can also affect the timeline. The court, without a jury, shall adjudicate paternity of a child (14-20-53). If a man is found to be in default after service of process, the court shall issue an order adjudicating him to be the father of the child (14-20-55). The duration of these court proceedings can vary based on the court’s schedule, the complexity of the case, and other factors.
In conclusion, the duration of the paternity process in North Dakota can vary widely depending on the specific circumstances of the case, including whether paternity is acknowledged or disputed, whether genetic testing is used, and the duration of any legal proceedings.