Legal Banter
 Lawyers recommend that unmarried couples sign an “acknowledgement of parenthood” or a paternity statement for legal protection in case of the death of one parent or a breakup. To make sure that a child’s biological parents are also the child’s legal parents, both the mother and the father should be listed on the child’s birth certificate. In order to be listed on a child’s birth certificate, most states require unmarried fathers to sign an affidavit or acknowledgement of paternity.
Most states have a form to help unmarried people declare parentage and paternity. Notice that many use different variations of the following terms: parentage affidavit, acknowledgment of paternity, paternity affidavit, declaration of paternity, recognition of parentage, or many others. The names may be different, but the outcome is still the same.
For an unmarried couple there is no presumption of paternity. For example, if a child is born to a married couple, the husband is presumed to be the child’s father. Depending on within which state you reside, this could be based on the Mansfield’s Rule.
If the couple is unmarried, however, it is important for the unmarried parents to sign a paternity affidavit to establish paternity. Once a paternity affidavit is signed and notarized, then the father’s name can be listed on the child’s birth certificate. This can be taken care of at most birthing hospitals.
Establishing paternity means establishing the identity of the child’s father. If there is a question about a baby’s paternity, DNA paternity testing should be performed. Usually, hospitals do not conduct this type of testing. The testing would have to be completed at a private laboratory or other laboratory specializing in this type of test. However, arrangements can be made in advance to have the DNA samples collected at the hospital at the time of the birth.
Pg. 1 >> Establishing Paternity
Pg. 2 >> Changes at Home
Pg. 3 >> Legal Banter
Pg. 4 >> Necessary Testing
Pg. 5 >> Why Establish Paternity?
Pg. 6 >> Check the Policy in Your State
Pg. 7 >> Avoid the Rush
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