Understanding Paternity Acknowledgment
Paternity acknowledgment is a legal process that establishes the legal father of a child when the parents are not married at the time of the child’s birth. This process is governed by specific laws and regulations, which vary from state to state. In North Dakota, the laws pertaining to paternity acknowledgment are outlined in the North Dakota Century Code (NDCC) Chapter 14-20.
Legal Definition and Requirements
According to NDCC 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 acknowledgment must meet certain requirements as outlined in NDCC 14-20-12 (302).
The acknowledgment of paternity must be in a record and be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish his paternity. It must state that the child whose paternity is being acknowledged does not have a presumed father, or has a presumed father whose full name is stated, and does not have another acknowledged or adjudicated father. If there has been genetic testing, the acknowledging man’s claim of paternity must be consistent with the results of the testing. The acknowledgment must also state that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two years.
Execution and Effect of Paternity Acknowledgment
The execution of a paternity acknowledgment is governed by NDCC 14-20-14 (304). An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. If the acknowledgment and denial are both necessary, neither is valid until both are filed. An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child. The acknowledgment or denial 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.
Once a valid acknowledgment of paternity is filed with the Department of Health and Human Services, it is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent, as per NDCC 14-20-15 (305).
Forms and Release of Information
To facilitate compliance with the laws, the Department of Health and Human Services prescribes forms for the acknowledgment of paternity and the denial of paternity, as stated in NDCC 14-20-22 (312). The department may also release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial, as per NDCC 14-20-23 (313).
In conclusion, a paternity acknowledgment is a legal document that establishes the legal father of a child when the parents are not married at the time of the child’s birth. It is a significant legal process that confers upon the acknowledged father all of the rights and duties of a parent.