Acknowledgment of Paternity in North Dakota
In North Dakota, when both parents agree on the paternity of a child, they can sign an acknowledgment of paternity. This is a legal document that establishes the man’s paternity, as outlined in North Dakota Century Code 14-20-11 (301). The acknowledgment of paternity is a significant step in legally establishing the father’s rights and responsibilities towards the child.
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 means it must be a written document, not a verbal agreement. The acknowledgment of paternity can be signed before the birth of the child and 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.
Admission of Paternity
In addition to signing an acknowledgment of paternity, a man can admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing, as per North Dakota Century Code 14-20-50 (623). If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.
Rebutting the Presumption of Paternity
It’s important to note that a presumption of paternity established under this section may be rebutted only by an adjudication under sections 14 -20-36 through 14 -20-58. This means that if there is a dispute or doubt about the paternity later on, the matter must be resolved through legal proceedings.
Genetic Testing
In some cases, genetic testing may be used to establish paternity. According to North Dakota Century Code 14-20-29, a man is rebuttably identified as the father of a child if the genetic testing complies with sections 14 -20-25 through 14 -20-35 and the results disclose that the man has at least a ninety-nine percent probability of paternity.
In conclusion, if both parents agree on paternity in North Dakota, they can sign an acknowledgment of paternity or the alleged father can admit to paternity in court. This agreement establishes the man’s legal paternity, granting him rights and responsibilities towards the child. However, this presumption of paternity can be rebutted through legal proceedings if there is a dispute or doubt about the paternity later on.