Rights of Unmarried Fathers in North Dakota
In North Dakota, the rights of unmarried fathers are protected under various sections of the North Dakota Century Code. These rights are established once the father-child relationship is legally recognized.
Establishing 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 of the child were married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or after a decree of separation. However, for unmarried fathers, paternity can be established through:
- An unrebutted presumption of the man’s paternity of the child under section 14-20-10.
- An effective acknowledgment of paternity by the man under sections 14-20-11 through 14-20-24, unless the acknowledgment has been rescinded or successfully challenged.
- An adjudication of the man’s paternity.
- Adoption of the child by the man.
- The man’s having consented to assisted reproduction by a woman under sections 14-20-59 through 14-20-65 which resulted in the birth of the child.
Rights and Responsibilities
Once paternity is established, each parent of a child has the following rights and responsibilities under North Dakota Century Code 14-09-32:
- Right to access and obtain copies of the child’s educational, medical, dental, religious, insurance, and other records or information.
- Right to attend educational conferences concerning the child. This right does not require any school to hold a separate conference with each parent.
- Right to reasonable access to the child by written, telephonic, and electronic means.
- Duty to inform the other parent as soon as reasonably possible of a serious accident or serious illness for which the child receives health care treatment. The parent shall provide to the other parent a description of the serious accident or serious illness, the time of the serious accident or serious illness, and the name and location of the treating health care provider.
- Duty to immediately inform the other parent of residential telephone numbers.
No Discrimination Based on Marital Status
According to North Dakota Century Code 14-20-08 (202), 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 once paternity is established, an unmarried father has the same rights and responsibilities as a married father.
Consequences of Establishment of Parentage
Under North Dakota Century Code 14-20-09 (203), unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by other law of this state. This means that an unmarried father, once recognized as the legal parent, has the same rights and responsibilities as any other parent.
In conclusion, an unmarried father in North Dakota has significant rights once paternity is established. These rights include access to the child’s records, attending educational conferences, and reasonable access to the child. However, these rights come with responsibilities, such as informing the other parent of serious accidents or illnesses and providing necessary contact information.