How is paternity established?
In Minnesota, one way to establish paternity is through the Recognition of Parentage. A properly completed Recognition of Parentage document legally establishes the child’s father. Parents can also go to court to have a judge or a jury decide if a person is the biological father of a child. What is Child Support? Child support can be money, medical insurance or child care expenses paid by one (or both) parents of a child. Children need the financial support of both of their parents. How is Child Support Established? Child support must be ordered by the court. Child support is often established in a divorce decree, but it can also be part of a legal separation, paternity action, or domestic abuse order. The County can also obtain an order for child support to pay back funds issued under the Minnesota Family Investment Program or Medical Assistance. If the child’s parents were never married, the first step is to establish paternity. Once paternity is established, child support can be ord
The court can legally establish paternity. A judge or other judicial officer may enter an order, which establishes paternity. The county Child Support Enforcement Unit may also establish paternity without going to court. The unmarried parents can also sign an Acknowledgment of Paternity form at the hospital when the child is born without going to court. How long after the child is born can paternity be established? Colorado law allows a paternity action to be started anytime before the child reaches the age of 18 and in some circumstances up to age 21. If the parents name the child after the father, does this establish paternity or give the father any rights? No. Naming the child after the father does not establish paternity or give the father any rights.
Establishing paternity means making the biological father the legal father too. If the mother is married at the time of conception and/or birth, her husband is considered by law to be the legal father unless a court has determined that the husband is not the father. If the mother is not married at the time of conception or birth, paternity can be established voluntarily through an affidavit of parentage or a judge can declare a man the legal father of the child through a paternity action.
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. If you want to amend the birth certificate to add the fathers information after paternity has been established, you will need to complete an Application for New Birth Certificate Based on Parentage (Form VS-166).
