How is paternity established?
A Not all states establish paternity the same way but, in general, there are two ways in which paternity can be established: • If the man you name as the father of your child agrees he is the father, he will be asked to sign an official form stating he is the father. In many hospitals and clinics, these forms are available to parents immediately following the birth of their child. This form will be used by a judge or a hearing officer to legally establish paternity. In many states, you do not have to appear in court to establish your child’s paternity. • If the man you name as the father of your child denies being the father, or if you are unsure of who the father is, blood/genetic test can be done.
If the father and mother were not married at the time of the child’s birth, an Affidavit of Acknowledging Paternity or a court order naming the legal father establishes paternity. The alleged father may voluntarily admit that he is the father of the child. This can be done through the Voluntary Paternity Acknowledgment Program of Arkansas that is offered at all birthing centers in Arkansas, all Child Support Enforcement offices, and all Vital Records offices. In cases where the alleged father does not admit paternity, a court hearing and/or paternity test can be scheduled. Paternity tests examine the genetic markers of the mother, alleged father, and the child. The paternity tests will either indicate the likelihood of paternity or exclude the alleged father is excluded (it is determined he is not the father), the mother may be required to pay for the tests.
Paternity may be voluntarily established by agreement of both the mother and the father of the child. The parents can sign an Acknowledgment of Paternity (AOP), which becomes a legal finding of paternity when it is filed with the Bureau of Vital Statistics. If the mother or alleged father is not sure about the paternity of the child, neither should sign an AOP. Paternity should be established through the courts.
