What if the mother is married to someone else or the baby was born within 300 days of the date of her divorce?
If the mother is married to someone other than the biological father or has not been divorced for over 300 days when the baby is born, the husband is presumed to the be the father of the child. The biological father cannot become the legal father by signing the Acknowledgment of Paternity unless the husband (presumed father) also signs a Denial of Paternity. When the husband signs the Denial of Paternity, it can be sent with the Acknowledgment to VSU to be recorded. VSU will charge a fee to add the father’s name to the birth certificate. If the husband does not sign the Denial, either biological parent can open a case with the Attorney General or go to an attorney to attempt to establish paternity through the courts.
If the mother is married to someone other than the biological father or the baby is born within 300 days of her divorce from a man who is not the biological father, the husband must sign a Denial of Paternity. The biological father cannot become the legal father by signing the AOP until the husband signs the Denial of Paternity, which is part of the AOP form. If the husband does not sign the Denial, either biological parent can open a case with the Attorney General or go to an attorney to establish paternity through the courts.
