Paternity Issues in North Dakota
In North Dakota, the issue of paternity can be complex, particularly when a man’s name is on a child’s birth certificate, but he is not the biological father. This situation can arise due to various reasons, such as an acknowledgment of paternity at the time of birth or a presumption of paternity due to marriage. The North Dakota Century Code provides specific guidelines on how such situations can be addressed.
Acknowledgment of Paternity
Under North Dakota Century Code 14-20-11 (301), a man claiming to be the genetic father of a child may sign an acknowledgment of paternity with the intent to establish his paternity. This acknowledgment is typically signed at the time of the child’s birth and results in the man’s name being placed on the child’s birth certificate. However, if the man later discovers that he is not the biological father, he may face legal challenges.
Presumption of Paternity
According to North Dakota Century Code 14-20-10, a man is presumed to be the father of a child if he and the mother were married at the time of the child’s birth or if they married after the birth and he voluntarily asserted his paternity. This assertion could be in the form of agreeing to be named as the child’s father on the birth certificate (North Dakota Century Code 14-20-10 (d)(2)). This presumption can be rebutted only by an adjudication under sections 14 -20-36 through 14 -20-58.
Challenging Paternity
If a man’s name is on a child’s birth certificate and he later discovers that he is not the biological father, he may challenge his paternity. According to North Dakota Century Code 14-20-12 (302), an acknowledgment of paternity is void if it states that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the department of health and human services.
Furthermore, under North Dakota Century Code 14-20-13 (303), a presumed father may sign a denial of his paternity. This denial is valid only if an acknowledgment of paternity signed, or otherwise authenticated, by another man is filed pursuant to section 14 -20-15.
Genetic Testing
The North Dakota Century Code 14-20-29 provides that the paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child. If the genetic testing excludes a man as the father of a child, he must be adjudicated not to be the father of the child.
In conclusion, if your name is on the birth certificate but you are not the biological father, you may challenge your paternity through legal procedures outlined in the North Dakota Century Code. It is advisable to seek legal counsel to navigate this complex process.