Affidavit of Nonpaternity

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In many states, non-married parents are allowed to establish paternity for their child without going to court. An affidavit can be signed in the hospital within 72 hours of child’s birth or go to the local health department to sign a paternity affidavit. However, if the husband or the presumed father has doubts of being the biological father and doesn’t want to take responsibility for the child, he must not sign the affidavit and file for an affidavit of non-paternity instead. Read More

What is a Non-Paternity Affidavit?

The Affidavit of Non-Paternity is a legal document that will help husbands or presumed fathers to establish non-paternity a child that they doubt to be biologically related to them. This affidavit is used by presumed fathers who want to set aside an order of paternity or to petition to remove their names from the child’s birth certificate after signing an acknowledgment of paternity. Once signed and notarized, the presumed father can file this in the court along with other supporting documents like genetic testing, as proof of non-parentage. 

How to write a Non-Paternity Affidavit in five steps

There are instances when a presumed father would not want to have a parental relationship with a child because they are unsure if they really are the child’s father. It is advised for those with doubts to not sign a paternity acknowledgment. Instead, they can file for an affidavit of non-paternity to remove their name from the child’s birth certificate, pending documentary proof of paternity. While awaiting for the paternity test result, you can already start drafting your affidavit.

Write the title of the affidavit and identify the affiant

The title of the affidavit should capture its purpose. This will be the basis for the affidavit’s contents. Aside from that, the presumed father should identify himself as the affiant. As an affiant, he should include his full legal name and complete address after the title. 

Establish a reason for writing the affidavit

The non-paternity affidavit may be a simple document but it bears a lot of weight. It affects a child’s future so there should really be a basis for the non-paternity claim. The court will ask for the documentary DNA test results and other proof as it has a huge legal impact on the child’s welfare. When granted, the affiant can:

  1. Appeal to change birth records of a child so a new birth certificate can be issued with the affiant’s name removed as the father.
  2. Establish that there is no biological parental relationship between the affiant and the child. 
  3. Modification of child support order. 

Include all relevant information needed 

For an affidavit of non-paternity be considered in court, it must include the following information in the court order:

  1. Child’s full name, date, and place of birth
  2. The mother’s and the presumed father’s sworn statement that he is not the legal father of the child named in the affidavit.
  3. The affiant’s statement that he is not the father of the child and his name should be removed from the child’s birth certificate. 

Mother’s will not be able to request for a new birth certificate for the child unless the presumed father’s interest has been taken care of.

Read through and review the affidavit

Before signing and notarization, review the affidavit carefully. This form affects the child’s welfare and their future in general. By completing the affidavit of non-paternity, you will give up your parental rights to the child including legal rights and responsibilities to be the father,right to visitation and custody, as well as to provide financial support.

Have the affidavit signed and notarized

Once done and you have reviewed the affidavit, bring it to a notary public or someone with the authority to administer an oath. Make sure that the document is signed by the mother and the presumed father in front of the notary public so they can verify the facts stated in the affidavit. If you cannot find a notary, you may also head over to your local health department and file your non-paternity affidavit. A court order will be requested to review your case and take care of the issues raised about the child’s parentage.

FAQs

Is the affidavit of non-paternity a public document?

This affidavit is not a public record and will not be released as a public information. The document will only be available only to specific individuals involved in the process such as the mother, presumed father / affiant, the child named in the form, their legal guardian or representative, and the government officials in the conduct of their official duty.

What happens when the non-paternity is not established by the court?

The presumed father remains to be the legal father of the child. Another way to prove non-paternity is for the mother and the biological father of the child to issue a voluntary acknowledgement of parentage. This document should be attached to the affidavit of non-paternity and should be able to help in the presumed father’s concerns.

You can file for a non-paternity case before the court if you want to ask a judge to determine that the child is not yours. You can file a complaint to start a case by submitting a motion or a revocation of paternity with an Affidavit of non-paternity through genetic testing and the best interest of the child.

Do I need a lawyer if I want to revoke my parental rights as a father of the child?

Not necessarily. But if you decide to get one, they can also help you out with your case. If you have low income, you can check if you qualify for free or reduced legal services fee. Your lawyer can be a part of the entire process of your case or be just a part of it with a limited scope of representation.

An Affidavit of Non-paternity is something that should be taken seriously and the interest of the child should also be considered. For the affidavit to be valid, it must be signed under the penalty of perjury and must have all the necessary attachments such as DNA testing results or acknowledgement of parentage from the mother and the biological father.