Assumption of Parental Responsibilities by Non-Biological Fathers in North Dakota
In North Dakota, the law provides several avenues for a man who is not the biological father of a child to assume parental responsibilities. These provisions are outlined in the North Dakota Century Code and are primarily found in sections 14-15-20, 14-20-08, 14-20-09, and 14-20-10.
Acknowledgment of Paternity
Under North Dakota Century Code 14-20-11 and 14-20-12, a man claiming to be the genetic father of a child may sign an acknowledgment of paternity with the intent to establish his paternity, even if he is not the biological father. This acknowledgment must be in a record and is subject to certain requirements, such as being signed under penalty of perjury and stating that the child does not have a presumed father or that any such presumption has been rebutted.
Adoption and Legitimation by Conduct
According to North Dakota Century Code 14-15-20, a man can adopt and legitimate a minor by publicly acknowledging the minor as his child, receiving the minor into his home, and otherwise treating the minor as if the minor were legitimate. This provision applies even if the man is not the biological father of the child.
Presumption of Paternity
Under North Dakota Century Code 14-20-10, a man can be recognized as the presumed father of a child under certain conditions, such as if he was married to the mother at the time of the child’s birth or if he openly held out the child as his own for the first two years of the child’s life. This presumption can be rebutted only by an adjudication under sections 14-20-36 through 14-20-58.
Rights of Children Born Out of Wedlock
North Dakota Century Code 14-20-08 states that a child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other. This means that a man who is not the biological father but who wishes to assume parental responsibilities can do so, and the child will have the same rights as if the man were the biological father.
Consequences of Establishment of Parentage
Under North Dakota Century Code 14-20-09, once a man has established his paternity, whether biologically or through other means such as acknowledgment or presumption, he has the same rights and responsibilities as a biological father. This includes the right to seek custody or visitation and the responsibility to provide financial support.
In conclusion, while biological paternity is one way to establish a father-child relationship in North Dakota, it is not the only way. A man who is not the biological father but who wishes to assume parental responsibilities can do so through acknowledgment of paternity, adoption and legitimation by conduct, or presumption of paternity. However, it is important to consult with a legal professional to understand the full implications of these actions.