Voluntary Acknowledgment of Paternity in North Dakota
Voluntary acknowledgment of paternity is a legal process in North Dakota that allows an unmarried man to establish his legal relationship as the father of a child. This process is governed by the North Dakota Century Code and involves several key steps and legal considerations.
Definition and Purpose
According to the North Dakota Century Code section 14-09-09.10, a “Voluntary paternity establishment service entity” refers to the department of health and human services and any child support agency. This entity is responsible for facilitating the process of voluntary acknowledgment of paternity.
The purpose of voluntary acknowledgment of paternity is to legally establish the father-child relationship, which in turn imposes rights, privileges, duties, and obligations. This process is particularly important in cases where the parents are not married at the time of the child’s birth.
Process of Voluntary Acknowledgment of Paternity
The process of voluntary acknowledgment of paternity in North Dakota involves several steps. At any time after an unmarried woman is determined to be pregnant, a voluntary paternity establishment entity may provide the mother and the alleged father with written materials about paternity establishment, the forms necessary to voluntarily acknowledge paternity, a written and oral description of the rights, responsibilities, and legal consequences of establishing paternity, and the opportunity to speak with staff trained to clarify information and answer questions about paternity establishment (North Dakota Century Code section 14-20-14).
Before accepting a voluntary acknowledgment of paternity, the voluntary paternity establishment service entity must afford due process safeguards by informing, in writing, the mother and the alleged father of the manner in which a relationship of father and child established under this chapter may be vacated or rescinded.
Legal Requirements for Acknowledgment of Paternity
The acknowledgment of paternity must meet several legal requirements to be valid. According to North Dakota Century Code section 14-20-14, the acknowledgment must:
- Be in a record;
- Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish his paternity;
- 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;
- State whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is consistent with the results of the testing;
- 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.
Filing of Acknowledgment
Once completed, the acknowledgment of paternity must be filed with the department on a form approved by the department, which must include the social security number of the parents and any other information required by the secretary of the United States department of health and human services (North Dakota Century Code section 14-19-05).
In conclusion, voluntary acknowledgment of paternity is a legal process in North Dakota that allows an unmarried man to establish his legal relationship as the father of a child. This process is governed by specific legal requirements and procedures, and it is important for all parties involved to understand their rights and responsibilities under the law.