Building a family is one of the dreams that most people want to achieve, especially after being able to succeed in growing a business and owning a house or a residential property. However, some couples do not favor the idea of marriage or yet have decided to bring a child to the world even before marital vows are exchanged. In this case, the parental rights and obligations of the child’s father must be claimed legally and this can only be done by filling up and submitting an acknowledgment of paternity form.
Acknowledgment of Paternity Form Sample
What Is an Acknowledgment of Paternity Form?
An acknowledgment of paternity form is a document which must be signed by an unmarried pair in order to legally establish the paternity rights to a child. It is important that the acknowledgment is signed with the willingness of the child’s parents, and that before signing, both parents are not in doubt about the child’s paternity or the child’s father. Additionally, an acknowledgment of paternity should be signed after the child is born. In the event that another party will challenge the claims in the acknowledgment, then a statement of the challenge must be informed and be filed within a specific time-frame such as 30 or 60 days, depending on the regulations of the State and country where the acknowledgment was filed.
Acknowledgment of Paternity Affidavit Form
What Must Be Done Before Signing an Acknowledgment of Paternity Form?
There are several steps or procedures and actions to consider taking before anyone will sign an acknowledgment of paternity form. One of the most important action that an individual must execute is to speak to a lawyer or a person of legal background. Concerns regarding the law that regulates the paternity rights of a person as well as various issues and questions which are in the mind of the involved party can be addressed effectively by the lawyer. A counseling session can also help the involved party to decide whether or not he must sign the form.
If the concerns of the father or the man who is claiming to be the father of the child do not require the expertise or any legal advice, then the answers can be acquired from the hospital staff who provides the acknowledgment form. The staff must be those who are assigned to deal with subjects relating the paternity claims and issues. On the other hand, the father can also reach out to the State agency or their website in order to know more about the details of paternity acknowledgments and its procedures.
What Happens When a Man Signs an Acknowledgment of Paternity Form?
An acknowledgment of paternity form is a legally bearing document which means that after a man and a woman, or a couple affix their signatures, the terms stated in the form will come into effect immediately. Below are some of the effects which will happen after a man signs the acknowledgment.
Waives the rights of any court in deciding whether or not he is the legal father of the child.
Even if there will be other parties who will question the paternity status of the man who signed the acknowledgment and will file a challenge to the court beyond the permitted period of filing the challenge, the court’s decision will not take effect to the man’s paternity status.
Allows the establishment of paternity rights and responsibilities.
There are a lot of rights that a father holds for his child as well as his responsibilities including providing for the child’s needs and welfare. Once a man signs the acknowledgment, he will have the legal rights as the father of the child and he will be held responsible for other duties as well.
Allows the child to inherit his properties in the future.
Even if the mother of the child is not married to the man who signed the acknowledgment of paternity form, the child will still be able to inherit the properties of his legal father. However, it should be noted that there are some States and countries where a child will only inherit his father’s properties if the birth certificate form of the child was filed along with the registrar in the location where both documents were submitted.
Health Agency Acknowledgment of Paternity Form
Essential Portions of Acknowledgment of Paternity Forms
There are three main sections in an acknowledgment of paternity form which are essential to be filled out by both parents. The first section is intended for gathering the general information of the child. This is where the first, middle, and the last name of the child will be stated along with his gender, facility, and place of birth, and the former name of the child in his previous birth certificate if there had been changes in his name legally.
The second essential part to be completed is the information section of the father. This section will collect the full name of the father, his residential address, date of birth, and his social security number. Additionally, there is a portion in this section which has an acknowledgment statement that centers on the legal declaration of the father as the biological father of the child mentioned in the form. This acknowledgment statement is then followed by a signature block for the father and two witnesses.
The third part to be filled out is allotted for the details of the mother of the child which will have the same range of information to be collected to that of the father.
In addition, there is another section of the form which is important, however, it is not intended to be filled out by either the mother or the father of the child, rather by an official of the registry who handles the process of filing the acknowledgment. This section of the form will be for indicating the type of document which was filed along with the acknowledgment, the date of when the forms were filed, and the signature of the official State registrar.
Voluntary Acknowledgment of Paternity Form
Acknowledgment of Paternity Form FAQs
Where can an acknowledgment of paternity form be acquired?
An acknowledgment of paternity form can either be acquired from the hospital where the child was born or from a social services agency of the State or country. Moreover, if the father failed to sign the acknowledgment form at the hospital, then he must obtain the acknowledgment form within the State, or from the website of the State, and submit the completed document to the State’s registrar where the birth certificate of the child was filed and submitted.
What if a man or the father of the child will not sign the acknowledgment of paternity form?
If a man refuses to sign the acknowledgment of paternity form, then he will not be held responsible for duties and support for the child unless he will file a statement or a legal form in the court to claim his paternity status after refusing to sign the acknowledgment when he was handed with it.
On the other hand, if the mother of the child will refuse to sign the acknowledgment of paternity form, then she will not be held liable for failing in cooperating towards establishing the paternity of the child even if she is the one who does not want the father of the child to sign the acknowledgment.
What if the couple or the unmarried parents of the child will not sign the acknowledgment of paternity form?
A court hearing will take place if neither of the parents of the child will sign the acknowledgment of paternity form. The hearing can also escalate towards requiring the father to execute a DNA or a genetic test with the child to prove his paternal rights and obligations.
Can a completed acknowledgment of paternity form be withdrawn after filing?
Yes. Not only the father can withdraw the acknowledgment but also the mother of the child. In order to do this, a petition or an affidavit form stating the intents of either parent in withdrawing the acknowledgment and paternity claim must be filed not more than 60 calendar days after the acknowledgment was filed. If the period of filing the challenge or an affidavit and petition has come to an end, then the affiant or the parent will only be accepted in court if the petition was made due to fraud and mistake in the submitted acknowledgment of paternity.
Establishing the paternity of a child is vital to the child’s well-being and to the child’s parents as well. One of the known advantages that it can provide to the child is that he will have a father who is legally responsible to take care of him if an unlikely event will happen to his mother. Also, the child can be a part of the benefits that his parents will acquire, ranging from the social security benefits up to the health and medical insurance of his parents. Nonetheless, an acknowledgment of paternity must only be signed if the man and the mother of the child are both willing to accept their responsibilities and their roles as the legal parents of the child.
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