Divorce Dissolution Financial Form Filings by slg34093

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Divorce Dissolution Financial Form Filings document sample

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									1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 The amendment became effective in Alabama 7/1/1997.
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   A birth certificate alone is not sufficient. A man's name
sufficient to prove that paternity has been established, or is      on a birth certificate is an indication that one of the
a copy of the underlying documentation, such as the                 presumptions of Ala. Code 26-17-5 exists or that there
Voluntary Acknowledgement of Paternity form or adjudication         has been a court order adjudicating paternity or of
required?                                                           adoption. The birth certificate does not create the legal
                                                                    relationship between the parent-child. The birth
                                                                    certificate is a result of and evidence of the underlying
                                                                    presumption, adjudication or affidavit of paternity.
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            Cathy Molchan, Director
                                                                    Quality Assurance and Registration
                                                                    AL Center for Health Statistics
                                                                    P O Box 5618
                                                                    Montgomery, 36103-5618
3b. Is a fee required to obtain a copy?                             Yes
3c. If so, how much is the fee?                                     $12.00 for the first copy and $4.00 for each additional
                                                                    copy ordered
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         Presumptions of paternity at Ala Code 26-17-5,
based on genetic testing results)?                                  legitimation at Ala Code 26-11-1 et al. and judicial
                                                                    determination of paternity based on genetic testing.
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         AL does not have an administrative rescission
state allow disestablishment after the 60-day rescission            process. Any rescission in AL requires judicial action.
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     Under the bases of fraud, duress, or material mistake
to be re-opened?                                                    of fact and the burden of proof is on the person who
                                                                    wishes to challenge the affidavit. This determination
                                                                    would have to be made by the court. Ala Code 26-17-
                                                                    22.
5c. Do you have other disestablishment laws (Uniform                A defendant who has been adjudicated to be the father
Parentage Act, etc.)?                                               of a child in a paternity or divorce proceeding after
                                                                    August 1994 may, except in the case of adoption,
                                                                    reopen the case upon scientific evidence that he is
                                                                    not the father of the child in case. Ala Code 26-17A-1
                                                                    and 2. In case prior to August 1994, the paternity
                                                                    adjudication may be reopened pursuant to Rule 60(b)
                                                                    Ala.R.Civ.Pro.
5d. Do such laws allow disestablishment of paternity after          Yes
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce             Yes
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a          Yes
possibility?
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would    An affidavit of Paternity may be done at any time after
help other states when they are processing a case within their   the child's birth up to the age of nineteen.
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 July 21, 1997
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   Yes
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            Arizona OFFICE OF VITAL RECORDS OR
                                                                    Arizona DCSE
3b. Is a fee required to obtain a copy?                             OVR charges a fee for an official copy; AZ DCSE
                                                                    can provide a "Government Copy" only upon request.

3c. If so, how much is the fee?                                     $10.00 or $13.00
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         Legal determination based on genetic test results.
based on genetic testing results)?                                  Court Order, if a child addressed in divorce decree,
                                                                    but not a product of marriage.
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         No
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     N/A
to be re-opened?
5c. Do you have other disestablishment laws (Uniform                No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          NO, but there is current pending legislation that
there has been a court or administrative hearing?                   could affect this concept in marital divorce cases only.


5e. Do such laws allow disestablishment after a divorce             MAYBE, Arizona has pending legislation that may
decree ordering support or finding the child a product of the       affect this concept.
marriage?
5f. Is genetic testing required when disestablishment is a          Usually, yes.
possibility?
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would       Dates of marriage and or divorce for biological
help other states when they are processing a case within their      parents. This is especially important in
own state, but the child was born in your state, or they are        caretaker/grantee relative cases or foster care.
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 4/10/1995
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   Yes
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            No response
3b. Is a fee required to obtain a copy?                             No response
3c. If so, how much is the fee?                                     No response
4. Are there any other legal means of establishing paternity        No
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         Not applicable
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     State law allows the NCP to have one blood test after
to be re-opened?                                                    the paternity was established if he has never had one
                                                                    before. The NCP must file a case in court and request
                                                                    the court order DNA Testing.
5c. Do you have other disestablishment laws (Uniform                No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          There is case law that potentially would remove the
there has been a court or administrative hearing?                   financial responsibility, but the person would remain
                                                                    the legal father.
5e. Do such laws allow disestablishment after a divorce             See above
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a          Yes
possibility?
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would       See the Paternity section of the IRG information for
help other states when they are processing a case within their      Arkansas
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 January 1, 1997
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   The birth certificate is not sufficient proof that paternity
sufficient to prove that paternity has been established, or is      has been established. A Voluntary Acknowledgement
a copy of the underlying documentation, such as the                 of Paternity or adjudication is required.
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            States may obtain a copy of a Voluntary Declaration of
                                                                    Paternity by completing Form CS 919 (Paternity
                                                                    Declaration Information Request – for use by public
                                                                    agencies only) available on our website at:
                                                                    www.childsup.ca.gov. Form CS 919 can be found by
                                                                    clicking on the Paternity Opportunity Program link,
                                                                    and selecting forms and publications. States may fax
                                                                    the request to (916) 464-5898 and a copy of the
                                                                    completed Voluntary Declaration of Paternity will be
                                                                    provided. For more information, contact the
                                                                    Department of Child Support Services, Paternity
                                                                    Opportunity Program analyst at (866) 249-0773.
3b. Is a fee required to obtain a copy?                             No. The form is in PDF format which may require
                                                                    appropriate software to download.
3c. If so, how much is the fee?                                     Not applicable
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         A determination of paternity based on genetic tests is
based on genetic testing results)?                                  a legal means of establishing paternity when that
                                                                    evidence concludes that an alleged father is not the
                                                                    father of a child in accordance with FC 7554.

5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     If based upon the results of genetic testing, the court
to be re-opened?                                                    finds that the man who signed the voluntary
                                                                    declaration of paternity is not the biological father of
                                                                    the child, the court may set aside the voluntary
                                                                    declaration of paternity. However, the court may deny
                                                                    the motion to set aside the action if it is determined to
                                                                    be in the best interest of the child after consideration
                                                                    of the elements contained in FC 7575. See answer to
                                                                    5c below.
5c. Do you have other disestablishment laws (Uniform                Yes. Assembly Bill 252, codified in California FC
Parentage Act, etc.)?                                               7646, a provision of the Uniform Parentage Act, allows
                                                                    certain paternity judgments to be set aside/vacated
                                                                    when specific requirements are met and a motion to
                                                                    set aside/vacate a prior paternity judgment is filed
                                                                    timely.
5d. Do such laws allow disestablishment of paternity after      Yes. The requirements of FC 7646 must be met as
there has been a court or administrative hearing?               follows:

                                                                A judgment establishing paternity may be set
                                                                aside/vacated upon a motion by the previously
                                                                established mother of a child, the previously established
                                                                father of a child, or the legal representative, if genetic
                                                                testing indicates that the previously established father of
                                                                a child is not the biological father of the child. This does
                                                                not apply if the child is presumed to be a child of the
                                                                marriage.

                                                                The motion must be filed:

                                                                (1) Within a two-year period commencing with the date
                                                                on which the previously established father knew or
                                                                should have known of a judgment that established him
                                                                as the father, or an action to adjudicate the issue of
                                                                paternity;
                                                                (2) Within a two-year period commencing with the date
                                                                of the child’s birth if paternity was established by a
                                                                voluntary declaration of paternity;
                                                                (3) In the case of any previously established father who
                                                                is the legal father as a result of a default judgment,
                                                                effective within a two-year period commencing October
                                                                28, 2004.
5e. Do such laws allow disestablishment after a divorce         Yes. The child of a wife cohabitating with her
decree ordering support or finding the child a product of the   husband, who is not impotent or sterile, is conclusively
marriage?                                                       presumed to be a child of the marriage in accordance
                                                                with FC 7540. However, a presumption under the
                                                                provision of FC 7611; Status as Natural Father;
                                                                Presumption/Conditions, is a rebuttable presumption
                                                                affecting the burden of proof and may be rebutted in an
                                                                appropriate action only by clear and convincing
                                                                evidence in accordance with FC 7612.
5f. Is genetic testing required when disestablishment is a      Yes. Genetic testing is required when
possibility?                                                    disestablishment is a possibility, because the filing of
                                                                a motion to set aside/vacate signifies paternity is at
                                                                issue.

5g. Will the agency initiate a disestablishment action?         The local child support agency (LCSA) is authorized
                                                                and may initiate a disestablishment action, if the LCSA
                                                                is providing Title IV-D services to the applicant. FC
                                                                7646 provides that upon a motion filed to set
                                                                aside/vacate a paternity judgment, the LCSA may
                                                                issue an Administrative Order (FC 7558) requiring the
                                                                mother, child, and the previously established father to
                                                                submit to genetic testing when specific conditions for
                                                                filing the motion are met within FC 7558 and 7647.
6. What other specific information related to paternity would    Title 22, Division, 13, California Code of Regulations,
help other states when they are processing a case within their   §117501, requires the LCSA give full faith and credit to
own state, but the child was born in your state, or they are     another state’s judgment of parentage and prohibits
initiating an interstate action with your state?                 the LCSA from ordering genetic tests unless the
                                                                 judgment is vacated in the issuing state. In addition,
                                                                 Title 42, United States Code, Section 666(C)(iv),
                                                                 imposes a requirement upon California when paternity
                                                                 is established via a voluntary declaration of paternity
                                                                 (affidavit required), to give full faith and credit to such
                                                                 an affidavit signed in any other state.
1. PRWORA required that a father sign a voluntary                 September 1, 1993
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   Generally the Birth Certificate is acceptable.
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            Colorado Department of Public Heath & Environment,
                                                                    Vital Records Section.
3b. Is a fee required to obtain a copy?                             Yes
3c. If so, how much is the fee?                                     The fee is $15.00 for all CSE programs in other States,
                                                                    and their ID is required.
4. Are there any other legal means of establishing paternity        19-4-105. There are 3 presumptions in Colorado,
besides the Voluntary Acknowledgement of Paternity form or          Marital, Voluntary Acknowledgment, and DNA
an adjudication of paternity (after an administrative or court      evidence showing a 97% or greater probability that the
hearing)?                                                           man is the father.
4a. If yes, what are they (for example, legal determination         No response
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         19-4-105. There are 3 presumptions in Colorado,
state allow disestablishment after the 60-day rescission            Marital, Voluntary Acknowledgment, and DNA
timeframe?                                                          evidence showing a 97% or greater probability that the
                                                                    man is the father.
5b. If yes, what are the bases for allowing the paternity issue     A legal finding may be challenged in court only on the
to be re-opened?                                                    basis of fraud, duress or mistake of material fact, with
                                                                    the burden of proof upon the challenger.
5c. Do you have other disestablishment laws (Uniform                No, however effective January 1, 2006 legistion took
Parentage Act, etc.)?                                               effect that requires that parents be advised of there
                                                                    right to genetic testing at the begging of any Paternity
                                                                    action, dissolution of marriage, legal separation or
                                                                    child support.
5d. Do such laws allow disestablishment of paternity after          No
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce             No
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a          Not applicable
possibility?
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would       Copies of Birth Record can be obtained at Colorado
help other states when they are processing a case within their      Department of Health & Environment, Vital Record
own state, but the child was born in your state, or they are        Section. Court Records of Administrating Hearing &
initiating an interstate action with your state?                    Judicial Adjudication can be obtained by contacting
                                                                    the appropriate Judicial District. To obtain Court
                                                                    Contact Information visit the State Judicial Website at
                                                                    www.courts.state.co.us
1. PRWORA required that a father sign a voluntary                 The statute was enacted in July 1, 1997; however, it
acknowledgment of paternity or be adjudicated as the father       was not fully functional in all hospitals until
(for a child born out of wedlock) in order for his name to appear June 1, 1998.
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   Proof of paternity requires a copy (see 6 below) of the
sufficient to prove that paternity has been established, or is      paternity acknowledgment or court adjudication.
a copy of the underlying documentation, such as the                 However, the defendant’s failure to answer and object
Voluntary Acknowledgement of Paternity form or adjudication         to a summons and complaint alleging the
required?                                                           establishment of paternity will dispense with the need
                                                                    for proof of paternity in an action for support.
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            The Department of Social Services
                                                                    Bureau of Child Support Enforcement
                                                                    25 Sigourney Street
                                                                    10th Floor
                                                                    Hartford, CT 06106
                                                                    Attention: Pamela Hogan

                                                                    Ms. Hogan’s phone number is 860-424-5124
                                                                    Ms. Hogan’s email address is
                                                                    pamela.hogan@po.state.ct.us

                                                                    When requesting a copy of an Acknowledgement of
                                                                    Paternity, please include the child’s name and date of
                                                                    birth, the place of birth including city or hospital , and the
                                                                    parent’s names.
3b. Is a fee required to obtain a copy?                             No fee is required if the copy is requested through the
                                                                    CT IV-D agency. If the mother or father request copies
                                                                    directly through the Connecticut Department of Public
                                                                    Health, there is a $15.00 fee for certified copies.
3c. If so, how much is the fee?                                     There is a $15.00 fee for a certified copy of an
                                                                    Acknowledgment of Paternity obtained directly from
                                                                    the Connecticut Department of Public Health.
4. Are there any other legal means of establishing paternity        An action to adjudicate paternity is usually brought by
besides the Voluntary Acknowledgement of Paternity form or          the mother or the State in the Superior Court. There is
an adjudication of paternity (after an administrative or court      a different process if a putative father wants to pursue
hearing)?                                                           the action himself; such action would be brought in
                                                                    Probate Court by the father (or someone claiming on
                                                                    his behalf after his death) and paternity established
                                                                    pursuant to a Probate Court hearing.
4a. If yes, what are they (for example, legal determination         The Probate Court method is set forth in CGS
based on genetic testing results)?                                  (Connecticut General Statutes) §46b-172a.
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     Court action based upon a showing of fraud, duress or
to be re-opened?                                                    material mistake of fact, pursuant to
                                                                    CGS §46b-172(a).
5c. Do you have other disestablishment laws (Uniform                CGS §46b-171(b) contemplates the reopening of a
Parentage Act, etc.)?                                               judgment of paternity.
5d. Do such laws allow disestablishment of paternity after          See answer to 5.c., above.
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce          CGS §46b-55(b) apparently contemplates such action.
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a       Not specifically required, but CGS §46b-168 provides
possibility?                                                     that genetic tests may be ordered on motion of any
                                                                 party.
5g. Will the agency initiate a disestablishment action?          The IV-D agency may initiate such an action,
                                                                 depending on all the circumstances in the case and
                                                                 after consultation with the Office of the Attorney
                                                                 General. There must not only be clear and convincing
                                                                 evidence that a person other than the acknowledged or
                                                                 adjudicated father is the biological father, but also an
                                                                 overwhelming why paternity should be disestablished,
                                                                 and take into consideration the impact on the child.
6. What other specific information related to paternity would    During the court proceedings in CT, the Family
help other states when they are processing a case within their   Support Magistrate may request a certified copy of the
own state, but the child was born in your state, or they are     acknowledgment of paternity if the NCP is residing in
initiating an interstate action with your state?                 CT. It would be advantageous to include a certified
                                                                 copy of the acknowledgement with the UIFSA petition.
1. PRWORA required that a father sign a voluntary                   No change to this requirement was needed in
acknowledgment of paternity or be adjudicated as the father         Delaware. Prior to PRWORA, a father’s name was left
(for a child born out of wedlock) in order for his name to appear   blank on a birth certificate of a child born out-of-
on the birth certificate. Date this requirement enacted in your     wedlock. On April 27, 1994, Delaware passed HB 435
state?                                                              which required hospitals and other entities to provide
                                                                    unmarried parents an opportunity to sign a paternity
                                                                    acknowledgement. Delaware implemented its program
                                                                    on January 1, 1995. Prior to the Voluntary
                                                                    Acknowledgment of Paternity (VAP) process, a judicial
                                                                    determination of paternity was required for the father’s
                                                                    name to be on the birth certificate of a child born out of
                                                                    wedlock.

2. Is a copy of a birth certificate (issued after the above date)   The underlying document is required to show that
sufficient to prove that paternity has been established, or is      paternity has been established.
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                          If another IV-D child support agency needs to know whether or
                                                                  not Delaware has a Voluntary Acknowledgment of Paternity form, he
                                                                  or she can contact our customer service line at (302) 577-7171.
                                                                  While DCSE can give another IV-D agency a photo copy or a systems-
                                                                  generated copy of the Voluntary Acknowledgment of Paternity form,
                                                                  one would have to go to Office of Vital Statistics to obtain a certified
                                                                  copy of the VAP. There is no fee to obtain a certified copy of the
                                                                  VAP, however, the Office of Vital Statistics will provide certified copies
                                                                  only at a court’s request.
                                                                  Requests for certified copies should be sent to:
                                                                  Division of Public Health Support Services
                                                                  Jesse S. Cooper Building
                                                                  417 Federal Street
                                                                  Dover, DE 19901
                                                                  The out-of-state IV-D child support agency must provide the following
                                                                  information and request a ―Certified Copy of an Acknowledgement of
                                                                  Paternity Form‖ on their agency letterhead. The request must include
                                                                  a copy of the initiation request from the local court:
                                                                  · Full Name of Child
                                                                  · Sex
                                                                  · Date of Birth
                                                                  · Maiden Name of Mother
                                                                  · Name of Father
                                                                  · The reason for the request
                                                                  · Number of copies being requested
                                                                  · Proof that the child support agency is an authorized agent
                                                                  of the child
                                                                  · Proof that the child support agency received a request for a
                                                                  certified copy of the VAP from a court
                                                                  · Signature and date of person applying for the certified copy
                                                                  of the VAP
                                                                  · Out-of-State Child Support Address
                                                                  · Daytime telephone number of person applying for the
                                                                  acknowledgement of paternity form




3b. Is a fee required to obtain a copy?                           No
3c. If so, how much is the fee?                                   Not applicable
4. Are there any other legal means of establishing paternity      No
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination       Not applicable
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your       No. Rescission within 60 days, absent an intervening
state allow disestablishment after the 60-day rescission          court proceeding, is allowed as a matter of right and
timeframe?                                                        without any reason. For two years thereafter, an
                                                                  attack on the VAP must be based on the standards in
                                                                  (b) below.
5b. If yes, what are the bases for allowing the paternity issue   Under Delaware’s Uniform Parentage Act, a signatory
to be re-opened?                                                  of an acknowledgment of paternity can challenge the
                                                                  acknowledgment of paternity on the basis of fraud,
                                                                  duress or material mistake of fact within two years of
                                                                  the filing of the acknowledgment. A party challenging
                                                                  an acknowledgment of paternity has the burden of
                                                                  proof.
5c. Do you have other disestablishment laws (Uniform              No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after       An adjudication of parentage is binding on the parties to
there has been a court or administrative hearing?                the proceeding.

                                                                 Under Delaware’s Uniform Parentage Act, if a child has
                                                                 an acknowledged father or an adjudicated father, an
                                                                 individual who is neither a signatory to the
                                                                 acknowledgement of paternity nor a party to the
                                                                 adjudication and who seeks an adjudication of paternity
                                                                 of the child must commence a proceeding not later than
                                                                 2 years after the effective date of the acknowledgement
                                                                 or adjudication.
5e. Do such laws allow disestablishment after a divorce          No. A determination of parentage made in a divorce
decree ordering support or finding the child a product of the    proceeding is binding. [Note: While Delaware’s UPA
marriage?                                                        provides for this, Delaware divorce decrees do nothing
                                                                 other than dissolve a marriage. All other matters—
                                                                 property division, custody and visitation, child
                                                                 support—are resolved separately.
5f. Is genetic testing required when disestablishment is a       No
possibility?
5g. Will the agency initiate a disestablishment action?          No
6. What other specific information related to paternity would    Delaware’s Uniform Parentage Act can be found at:
help other states when they are processing a case within their   http://www.delcode.state.de.us/title13/c008/index.htm#P-1_0

own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 This provision was contained in the Child Support and
acknowledgment of paternity or be adjudicated as the father       Welfare Reform Compliance Temporary Amendment
(for a child born out of wedlock) in order for his name to appear Act of 1998, which became effective on May 8, 1998.
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   A copy of the birth certificate showing the father’s
sufficient to prove that paternity has been established, or is      name is sufficient to establish paternity.
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            The voluntary acknowledgement underlying a birth
                                                                    certificate is subject to confidentiality and is not
                                                                    available without a court order. A copy of the birth
                                                                    certificate can be obtained from Department of Health,
                                                                    Vital Records Division, 825 North Capitol Street, NE,
                                                                    1st Floor, Washington, DC 20002, (202) 671-5000.
3b. Is a fee required to obtain a copy?                             Yes
3c. If so, how much is the fee?                                     $23 per original, and $18 per computer printout
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         The Court can conduct an evidentiary hearing on the
based on genetic testing results)?                                  issue of paternity and make a finding, or the Court can
                                                                    order genetic testing.
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     If paternity is established by voluntary
to be re-opened?                                                    acknowledgement executed outside of the courtroom,
                                                                    then the only bases to challenge paternity are fraud,
                                                                    duress, and material mistake of fact. An adjudication
                                                                    of paternity (after a contested paternity hearing or
                                                                    based on an in-court acknowledgement of paternity)
                                                                    may be challenged as any final court order, under Rule
                                                                    60(b). Paternity that is presumed by the marriage of
                                                                    the parents may be overcome only by proof that the
                                                                    husband was ―(1) impotent, (2) entirely absent,
                                                                    (3) absent during the period of conception or (4) only
                                                                    present under such circumstances as afford clear
                                                                    proof that there was no sexual intercourse.‖ Peters v.
                                                                    District of Columbia, 84 A.2d 155, 118-19 (D.C. 1951).
5c. Do you have other disestablishment laws (Uniform                No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          See above
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce             See above
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a          No
possibility?
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would    The District of Columbia opposes all attempts to
help other states when they are processing a case within their   disestablish paternity after 60-day rescission period
own state, but the child was born in your state, or they are     and after expiration of time for filing for relief under
initiating an interstate action with your state?                 Rule 60(b).
1. PRWORA required that a father sign a voluntary                 July 1, 1997
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   Yes
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            They should make the birth certificate and/or
                                                                    acknowledgment copy request on state agency
                                                                    letterhead indicating that the document need is related
                                                                    to a state child support action. They must also include
                                                                    an Affidavit to Release a Birth Certificate (DH Form
                                                                    1958) that has been completed according to form
                                                                    instructions, and the appropriate fees. Send the
                                                                    request, DH Form 1958, and fees to the attention of the
                                                                    CSE Unit at:
                                                                    Vital Statistics, P.O. Box 210, Jacksonville, FL 32231-
                                                                    0042

                                                                    DH Form 1958 is available online at:
                                                                    http://www.doh.state.fl.us/planning_eval/vital_statistics/t
                                                                    emplate3.htm

                                                                    If you need further information, please check the OVS
                                                                    website or call them at 904-359-6900, ext 9004.
3b. Is a fee required to obtain a copy?                             Yes
3c. If so, how much is the fee?                                     Fee amount depends upon type of document ordered
                                                                    and delivery method.

                                                                    · $9.00 for computer bc; no accompanying affidavit or
                                                                    acknowledgment provided
                                                                    · $14.00 if they want acknowledgment signed at hospital
                                                                    (this would be front and back of hardcopy bc if prior to
                                                                    2004; after 2004 the acknowledgment is contained on
                                                                    face of the bc); or
                                                                    · $14.00 for DH Form 432 voluntary acknowledgement
                                                                    filed subsequent to the birth (would get computer BC
                                                                    and the accompanying DH432 (or similar form if from
                                                                    another state)

                                                                    Additional fee information is available at:
                                                                    http://www.doh.state.fl.us/planning_eval/vital_statistics/in
                                                                    dex.html
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         Administrative Establishment of Paternity based on
based on genetic testing results)?                                  genetic testing (Effective 2006)
                                                                    Legitimation
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your       Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue   Fraud, duress, mistake of fact
to be re-opened?
5c. Do you have other disestablishment laws (Uniform              No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after        Not applicable
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce           Not applicable
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a        Not applicable
possibility?
5g. Will the agency initiate a disestablishment action?           No
6. What other specific information related to paternity would     To obtain a copy of an administrative final order of
help other states when they are processing a case within their    paternity or paternity and support, the other state should
own state, but the child was born in your state, or they are      send a Transmittal #3 to request the document.
initiating an interstate action with your state?                  Administrative orders issued by the Florida Department
                                                                  of Revenue will not be available from local courts or the
                                                                  Florida Office of Vital Statistics.
                                                                  When initiating an interstate action with Florida, the
                                                                  other state should include a copy of the child(ren)’s birth
                                                                  record. If paternity has already been established for the
                                                                  child(ren), include paternity establishment details such
                                                                  as method and date.
1. PRWORA required that a father sign a voluntary                   Actually, this provision was added to GA state law in
acknowledgment of paternity or be adjudicated as the father         1992. The law was amended to comply with
(for a child born out of wedlock) in order for his name to appear   PRWORA on July 1, 1997.
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   In Georgia, a birth certificate is considered evidence
sufficient to prove that paternity has been established, or is      of paternity. If contested, documentation, such as
a copy of the underlying documentation, such as the                 a Voluntary Paternity Acknowledgment is required.
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            State Office of Vital Records
3b. Is a fee required to obtain a copy?                             Yes
3c. If so, how much is the fee?                                     $10.00
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
                                                                    Genetic test results. Otherwise, if the mother is
                                                                    married at the time of conception, birth or at any
4a. If yes, what are they (for example, legal determination         time in between, the husband is considered to be
based on genetic testing results)?                                  the father.
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     It may be challenged on the basis of fraud or material
to be re-opened?                                                    mistake of fact.
                                                                    In accordance with O.C.G.A. §19-7-54, males
                                                                    ordered to pay child support may, at their own
                                                                    expense, petition a Superior Court to have a paternity
5c. Do you have other disestablishment laws (Uniform                determination set aside.
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          Yes
there has been a court or administrative hearing?
                                                                    In accordance with O.C.G.A. §19-7-54, males ordered to
5e. Do such laws allow disestablishment after a divorce             pay child support may, at their own expense, petition a
decree ordering support or finding the child a product of the       Superior Court to have a paternity determination set
marriage?                                                           aside.
5f. Is genetic testing required when disestablishment is a          Yes
possibility?
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would       None
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 August 9, 1996
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   A copy of the birth certificate is sufficient.
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            Healthcare and Family Services
                                                                    Division of Child Support Enforcement
                                                                    Policy Unit
                                                                    509 S. 6th Street, 5th floor
                                                                    Springfield, IL 62701
                                                                    Phone: (217) 524-8470
3b. Is a fee required to obtain a copy?                             No
3c. If so, how much is the fee?                                     Not applicable
4. Are there any other legal means of establishing paternity        No response
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         No response
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Only by court order
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     Basis of fraud, duress, or material mistake of fact with
to be re-opened?                                                    the burden of proof on the challenging party
5c. Do you have other disestablishment laws (Uniform                Yes, 750 ILCS 45/7(b-5)
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          After a court hearing
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce             Yes
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a          In order to bring an action under Section 7(b-5), there
possibility?                                                        must be an exclusionary test before the action can be
                                                                    filed. The court cannot order this test.
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would       According to the Vital Records Act Section 410 ILCS
help other states when they are processing a case within their      535/17 (1-c), when another state sends their voluntary
own state, but the child was born in your state, or they are        acknowledgment of paternity form or a judgment to
initiating an interstate action with your state?                    Illinois, the father’s named contained therein will be
                                                                    recorded on the Illinois birth certificate.
1. PRWORA required that a father sign a voluntary                   November 1, 1997
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   Underlying documentation is required because in
sufficient to prove that paternity has been established, or is      too many instances it has been found that a man's
a copy of the underlying documentation, such as the                 name has been placed on a birth certificate at a
Voluntary Acknowledgement of Paternity form or adjudication         local level when there is no voluntary paternity
required?                                                           documentation.
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
                                                                    Requesting jurisdictions should provide the following
                                                                    information: 1) Child's name; 2) Child's DOB;
                                                                    3) Indiana city and county of birth; 4) Mother's
                                                                    maiden name; 5) Father's name; 6) Address
                                                                    where paternity affidavit to be sent.
                                                                    Can fax request to (317) 233-1289 or mail to:
                                                                    ISDH, Attn: Vital Records, P.O. Box 7125,
3a. From where can states obtain a copy?                            Indianapolis, Indiana 46206
                                                                    None if appropriately identified request is made by
3b. Is a fee required to obtain a copy?                             a IV-D agency.
3c. If so, how much is the fee?                                     N/A
4. Are there any other legal means of establishing paternity        No
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes, in accordance with federal law.
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     In accordance with federal requirements, if mistake
to be re-opened?                                                    of fact, fraud, or duress is established.
5c. Do you have other disestablishment laws (Uniform                No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          N/A
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce             In a dissolution, a party can assert that a child was
decree ordering support or finding the child a product of the       not a child of marriage (by case law).
marriage?
5f. Is genetic testing required when disestablishment is a          Yes
possibility?
5g. Will the agency initiate a disestablishment action?             No
                                                                    As has previously been disseminated to all states,
                                                                    pursuant to Indiana case law, if interstate
                                                                    establishment of paternity is sought in Indiana for a
                                                                    child more than two years of age, the case must be
                                                                    captioned as follows:
6. What other specific information related to paternity would       IN RE THE PATERNITY OF: (Child's name and date
help other states when they are processing a case within their      of birth) By Next Friend (Petitioner's/Payee's name
own state, but the child was born in your state, or they are        of Initiateing State Office) vs. (Respondent's/Payor's
initiating an interstate action with your state?                    name)
                                                                    \
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                   Approved July 15, 1997 (See LSA-R.S. 40:34)
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   If the name of the father appears on the birth certificate
sufficient to prove that paternity has been established, or is      of the child, the department may proceed to establish a
a copy of the underlying documentation, such as the                 court order for child and medical support against the
Voluntary Acknowledgement of Paternity form or adjudication         father whose name appears on the birth certificate
required?                                                           without the need to establish paternity.
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
                                                                    Louisiana Department of Health & Hospitals, Office
3a. From where can states obtain a copy?                            of Vital Records or court records.
3b. Is a fee required to obtain a copy?                             Yes
                                                                    Costs may vary depending upon who is the
3c. If so, how much is the fee?                                     repository of the acknowledgment form.
4. Are there any other legal means of establishing paternity        No, except DNA tests results may be enough for a
besides the Voluntary Acknowledgement of Paternity form or          father’s name to appear on birth certificate.
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes
state allow disestablishment after the 60-day rescission
timeframe?
                                                                    Clear & convincing evidence that acknowledgment was
                                                                    induced by fraud, duress, material mistake of fact, or
5b. If yes, what are the bases for allowing the paternity issue     error, or that person executing the acknowledgment is
to be re-opened?                                                    not the biological father.
5c. Do you have other disestablishment laws (Uniform                Yes (See LSA-C.C, Arts. 187 - 190).
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          Not if the delays for filing an appeal with the Court
there has been a court or administrative hearing?                   of Appeal has expired (final judgment).
5e. Do such laws allow disestablishment after a divorce             Yes
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a          No (See LSA-C.C. Art. 187)
possibility?
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would       Not applicable
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 1954
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   A copy of the Maine birth certificate from the year
sufficient to prove that paternity has been established, or is      1954 onward is sufficient.
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            Maine Office of Vital Records
3b. Is a fee required to obtain a copy?                             No
3c. If so, how much is the fee?                                     No response
4. Are there any other legal means of establishing paternity        Paternity is established via the Voluntary
besides the Voluntary Acknowledgement of Paternity form or          Acknowledgement of Paternity or by Court Order.
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         No response
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     Fraud, duress, or material mistake of fact
to be re-opened?
5c. Do you have other disestablishment laws (Uniform                No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          Yes
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce             Yes
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a          Yes
possibility?
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would       None
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 April 13, 1994
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   Yes. A copy of the birth certificate is sufficient proof
sufficient to prove that paternity has been established, or is      of paternity establishment if the child was born after
a copy of the underlying documentation, such as the                 4/13/94.
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            Registry of Vital Records and Statistics
                                                                    150 Mount Vernon Street, 1st Floor
                                                                    Dorchester, MA 02125-3105

                                                                    The order form is available at the following website:
                                                                    http://www.mass.gov/Eeohhs2/docs/dph/vital_records/m
                                                                    ail_order_form.pdf

                                                                    Questions may be directed to the following e-mail
                                                                    address:
                                                                    vital.recordsrequest@state.ma.us
3b. Is a fee required to obtain a copy?                             Yes
3c. If so, how much is the fee?                                     $28.00
4. Are there any other legal means of establishing paternity        No
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     M.G.L. 209C s.11 provides that after the 60-day
to be re-opened?                                                    rescission period, the acknowledgment shall establish
                                                                    paternity as of the date it was signed and shall have
                                                                    the same force and effect as a judgment of paternity,
                                                                    subject to challenge within one year only on the basis
                                                                    of fraud, duress or material mistake of fact. In
                                                                    Paternity of Cheryl , 746 N.E. 2d 488 (2001), the
                                                                    Supreme Judicial Court declined relief from a paternity
                                                                    judgment. In this case the court addressed Mass. R.
                                                                    Dom. Rel. P. 60(b) (relief from judgment) and the best
                                                                    interest of the child consideration.
5c. Do you have other disestablishment laws (Uniform                No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
                                                                 The agency may assist in very limited circumstances.
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 Michigan Compiled Law (MCL) 333.2872,
acknowledgment of paternity or be adjudicated as the father       effective September 30, 1978.
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   Prior to June 1, 1997, parties filed the
sufficient to prove that paternity has been established, or is      Acknowledgment of Paternity forms in the
a copy of the underlying documentation, such as the                 county probate courts. There are 82 county
Voluntary Acknowledgement of Paternity form or adjudication         probate courts in Michigan so underlying
required?                                                           documentation of paternity establishment
                                                                    should be provided to avoid unnecessary
                                                                    delays.
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            IV-D agencies requesting, for administrative use, a
                                                                    copy of the Acknowledgment of Paternity form, can
                                                                    call Kathy Scott (517) 373-0275, or email
                                                                    Scottk3@michigan.gov
                                                                    The links below provides all necessary details for
                                                                    obtaining birth and paternity record copies including
                                                                    application forms, eligibility information and fees.
                                                                    http://www.michigan.gov/mdch/0,1607,7-132-4645---,00.html
                                                                    http://www.michigan.gov/mdch/0,1607,7-132-4645_4702---
                                                                    ,00.html
                                                                    Mail requests to Vital Records Requests,
                                                                    PO Box 30721, Lansing, MI 48909.
                                                                    The procedures in Michigan for filing affidavits changed with
                                                                    the passage of Public Act 305 of 1996, effective June 1, 1997.
                                                                    This new law, called the Acknowledgment of Parentage Act,
                                                                    shifted the filing of the affidavit from the county probate court
                                                                    to the Michigan Department of Community Health.
                                                                    http://www.legislature.mi.gov/(azbd1w55bkbc2a55n1iojt25)/mileg.asp
                                                                    x?page=getobject&objectname=mcl-Act-305-of-
                                                                    1996&queryid=14556204&highlight=acknowledgment%20of%20paren
                                                                    tage%20act
                                                                    Parties filing the Affidavit on and after June 1, 1997, must
                                                                    send the affidavit to the Michigan Department of Community
                                                                    Health Central Paternity Registry.
                                                                    Note: After June 1, 1997, the Acknowledgment of Parentage
                                                                    is considered a legal document after being signed by both
                                                                    parents and properly notarized. Parties are not required to
                                                                    file the Acknowledgment of Parentage with Michigan’s
                                                                    Department of Community Health unless they choose to.
                                                                    The historical filings of paternity acknowledgments within
                                                                    the county probate court will remain within the court. When
                                                                    attempting to obtain a certified copy of a filed affidavit, it is
                                                                    the date of filing (not the date of a child’s birth) that
                                                                    determines the location of the acknowledgment.




                                                                    The filing of an affidavit of parentage after the birth of the
                                                                    child does not cause the birth certificate of the child to
                                                                    be changed. Application to change a birth certificate is
                                                                    a separate procedure that requires a separate application
                                                                    form and a fee.

3b. Is a fee required to obtain a copy?                             Yes, a search including 1 certified copy, 1 use copy,
                                                                    or 1 statistical use copy of a vital record or an official
                                                                    statement issued by the state registrar that a vital
                                                                    record could not be located is $26.00.
                                                                    MCL 333.2891 .
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity      No, in Michigan, parents must either:
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court    · Complete an Acknowledgment of Parentage form; or
hearing)?                                                         · Complete an Order of Filiation to establish legal
                                                                  paternity for a child(ren).


4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity                                  The Acknowledgement of Parentage Act permits the
                                                                  following parties to file for revocation of an
                                                                  acknowledgment of parentage:

                                                                  a) The mother of the child;
                                                                  b) The father of the child;
                                                                  c) The child who is the subject of the acknowledgment;
                                                                  or
                                                                  d) A prosecuting attorney.

                                                                  The party filing the claim for revocation has the burden
                                                                  of proving by clear and convincing evidence, that the
                                                                  man is not the father and that, considering the equities
                                                                  of the case, revocation of the acknowledgement is
                                                                  proper. The procedures for determining whether a
                                                                  motion for revocation is appropriate apply to all
                                                                  acknowledgements, including those signed before the
                                                                  effective date of the act.

5a. If an Acknowledgment of Paternity was signed, does your       There is no time limit if the court, having considered
state allow disestablishment after the 60-day rescission          the equities of the case, decides that revocation of
timeframe?                                                        the acknowledgement is proper.
5b. If yes, what are the bases for allowing the paternity issue   Acknowledgements can be re-opened on the following
to be re-opened?                                                  grounds:

                                                                  1. Mistake of fact;
                                                                  2. Newly discovered evidence that by due diligence
                                                                  could not have been found before the acknowledgement
                                                                  was signed;
                                                                  3. Fraud;
                                                                  4. Misrepresentation or misconduct;
                                                                  5. Duress in signing the acknowledgment.

5c. Do you have other disestablishment laws (Uniform              No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after        N/A
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce           N/A
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a        No, although it is often the basis for the request
possibility?
5g. Will the agency initiate a disestablishment action?          Michigan’s IV-D program does not initiate a
                                                                 disestablishment action and does not allow for
                                                                 reimbursement for disestablishment activities but the
                                                                 local county court will assist in some
                                                                 disestablishment actions. As an example: If a court
                                                                 of competent jurisdiction must exclude the woman’s
                                                                 husband so that they may proceed with a paternity
                                                                 action against the named (and located) biological
                                                                 father of the child.
6. What other specific information related to paternity would    1. Mother’s marital status at time of conception and
help other states when they are processing a case within their   birth;
own state, but the child was born in your state, or they are     2. Names of other named possible putative father(s);
initiating an interstate action with your state?                 3. Listing of court determinations regarding other
                                                                 possible putative father(s) or husband(s).
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 July 1, 1997
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   A copy of underlying documentation is required.
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            Other states may obtain copies of Missouri’s Affidavit
                                                                    Acknowledging Paternity (blank or completed) by
                                                                    contacting the Bureau of Vital Records, P.O. Box 570,
                                                                    Jefferson City, MO 65102; telephone (573) 751-6387.
3b. Is a fee required to obtain a copy?                             No, however, to keep costs down, the Bureau would
                                                                    appreciate the requests be accompanied by a
                                                                    self-addressed, postage-paid envelope.
3c. If so, how much is the fee?                                     N/A
4. Are there any other legal means of establishing paternity        No
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     Section 210.823, Missouri Revised Statutes:
to be re-opened?                                                    210.823. 1. A signed acknowledgment of paternity form
                                                                    pursuant to section 193.215, RSMo, shall be considered
                                                                    a legal finding of paternity subject to the right of either
                                                                    signatory to rescind the acknowledgment, in writing, by
                                                                    filing such rescission with the bureau within the earlier
                                                                    of:
                                                                    (1) Sixty days from the date of the last signature; or
                                                                    (2) The date of an administrative or judicial proceeding
                                                                    to establish a support order in which the signatory is a
                                                                    party. The acknowledgment may thereafter only be
                                                                    challenged in court on the basis of fraud, duress or
                                                                    material mistake of fact with the burden of proof upon
                                                                    the challenger. No judicial or administrative proceeding
                                                                    shall be required or permitted to ratify an unchallenged
                                                                    acknowledgment of paternity.
                                                                    2. Except for good cause shown, the legal
                                                                    responsibilities of the parties, including child support
                                                                    obligations, shall not be suspended during the pendency
                                                                    of any action in which an attempt is made to revoke the
                                                                    signed acknowledgment under this section.
                                                                    3. The acknowledgment shall be filed with the bureau.
                                                                    An acknowledgment effectuated under the law of any
                                                                    other state or territory shall be given the same effect in
                                                                    this state as it has in the other state or territory.
5c. Do you have other disestablishment laws (Uniform                No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after       N/A
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce          N/A
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a       N/A
possibility?
5g. Will the agency initiate a disestablishment action?          Yes, in very limited situations.
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 July 1, 1997
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   No. Underlying documentation or adjudication is
sufficient to prove that paternity has been established, or is      required.
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            Montana Vital Statistics, P.O. Box 4210,
                                                                    Helena, MT 59604
                                                                    Request form and fee schedule is available on-line:
                                                                    http://vhsp.dphhs.mt.gov/certificates/birthappfillable.pdf
3b. Is a fee required to obtain a copy?                             Yes
3c. If so, how much is the fee?                                     $12.00 for certified documents, including
                                                                    Acknowledgment of Paternity
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         A rebuttable presumption is created by operation
based on genetic testing results)?                                  of law if genetic test results determine a 95% or
                                                                    higher statistical probability of paternity.
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     An irrebuttable presumption created by
to be re-opened?                                                    Acknowledgment of Paternity may be set aside
                                                                    in the event of fraud, duress or material mistake
                                                                    of fact.
5c. Do you have other disestablishment laws (Uniform                Yes, this is part of Montana adaptation of the
Parentage Act, etc.)?                                               Uniform Parentage Act.
5d. Do such laws allow disestablishment of paternity after          Yes, after a court hearing.
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce             Yes, any rebuttably presumed paternity may be
decree ordering support or finding the child a product of the       challenged under the UPA.
marriage?
5f. Is genetic testing required when disestablishment is a          The law does not absolutely require such testing,
possibility?                                                        but it is routinely required by courts, since testing
                                                                    is relatively cheap.
5g. Will the agency initiate a disestablishment action?             Yes, in the case of multiple alleged fathers where
                                                                    there is one or more rebuttable presumptions.
6. What other specific information related to paternity would       In order for the state to require genetic testing, a
help other states when they are processing a case within their      preliminary ―reasonable cause‖ hearing must be held.
own state, but the child was born in your state, or they are        These are routinely conducted by the CSED in its
initiating an interstate action with your state?                    administrative forum.
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   Copy of the Voluntary Acknowledgment of Paternity
sufficient to prove that paternity has been established, or is      form is required.
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            Vital Records Management, P.O. Box 95065,
                                                                    Lincoln, NE 68509
3b. Is a fee required to obtain a copy?                             Yes
3c. If so, how much is the fee?                                     $8.00
4. Are there any other legal means of establishing paternity        No
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     Challenging the signed, notarized acknowledgment
to be re-opened?                                                    based on fraud, duress, or material mistake of fact
                                                                    within a judicial proceeding. (Neb. Rev. Stat § 43-1409)

5c. Do you have other disestablishment laws (Uniform                No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          Yes, if the court finds that a signed, notarized
there has been a court or administrative hearing?                   acknowledgment based on fraud, duress, or material
                                                                    mistake of fact within a judicial proceeding.
                                                                    (Neb. Rev. Stat. § 43-1409)
5e. Do such laws allow disestablishment after a divorce             Yes
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a          Yes
possibility?
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would       If another state needs to request a birth certificate
help other states when they are processing a case within their      or acknowledgment of paternity in order to process
own state, but the child was born in your state, or they are        their case they can contact our Vital Records
initiating an interstate action with your state?                    Management Office at P.O. Box 95065,
                                                                    Lincoln, NE 68509 (402) 471-2871.
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                   The requirement that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father         acknowledgment of paternity or be adjudicated as
(for a child born out of wedlock) in order for his name to appear   the father of a child born out of wedlock in order for
on the birth certificate. Date this requirement enacted in your     his name to appear on the birth certificate became
state?                                                              effective on November 1, 1990. (AOP date)
2. Is a copy of a birth certificate (issued after the above date)   A copy of the birth certificate issued after the AOP
sufficient to prove that paternity has been established, or is      date is sufficient to prove that paternity has been
a copy of the underlying documentation, such as the                 established. RSA 5-C:13 ―Record as Evidence‖
Voluntary Acknowledgement of Paternity form or adjudication         states as follows:
required?                                                           A certified copy issued by a town clerk of a record
                                                                    of a birth, marriage, or death, on file with the town
                                                                    clerk or division, shall be prima facie evidence of
                                                                    the fact, in any judicial proceeding.
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            Pursuant to 5-C:107, a copy of the Voluntary
                                                                    Acknowledgment of Paternity Form can be obtained
                                                                    from the Department of Health and Human Services,
                                                                    Division of Vital Records Administration, Registration /
                                                                    Certification, 29 Hazen Drive, Concord, New Hampshire
                                                                    03301-6527.

3b. Is a fee required to obtain a copy?                             Yes
3c. If so, how much is the fee?                                     There are varying fees for copying. Please contact
                                                                    Vital Records at the above address for further
                                                                    information.
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         Pursuant to RSA 5-C:19, a mother can name her
based on genetic testing results)?                                  husband as the father of the child on the Birth
                                                                    Worksheet and his name will appear on the child’s
                                                                    birth certificate. The husband does not have to sign
                                                                    an Affidavit of Paternity where no questions of paternity
                                                                    arise. If the parties marry after the birth of the child,
                                                                    and the husband’s name does not appear on the birth
                                                                    certificate (it would appear if he had completed an
                                                                    Affidavit of Paternity prior to the marriage), then
                                                                    pursuant to RSA 5-C:22, the parties can file a
                                                                    Legitimation of Child Form along with a certified copy
                                                                    of the parent’s marriage record with the city Clerk.
                                                                    The child’s birth certificate would be amended to
                                                                    add the name of the husband.
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Pursuant to RSA 5-C:28, III, after the 60 day
state allow disestablishment after the 60-day rescission            rescission timeframe has passed, the State of
timeframe?                                                          New Hampshire allows disestablishment of paternity
                                                                    only by Court order.
5b. If yes, what are the bases for allowing the paternity issue     The paternity issue can be re-opened by an
to be re-opened?                                                    interested party filing a Petition with the Court.
5c. Do you have other disestablishment laws (Uniform                No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          RSA 5-C:28, III states that disestablishment of
there has been a court or administrative hearing?                   paternity can take place only after there has been
                                                                    an order from a Court of competent jurisdiction.
5e. Do such laws allow disestablishment after a divorce          Yes. RSA 458:23 ―Legitimacy of Offspring‖ states
decree ordering support or finding the child a product of the    as follows:
marriage?                                                        No decree of divorce shall affect the legitimacy of
                                                                 a child born or begotten in lawful matrimony, unless
                                                                 it shall be so expressed in the decree, and children
                                                                 born of a marriage entered into in good faith by the
                                                                 parties thereto shall be regarded as legitimate
                                                                 children and their legitimacy shall not be affected
                                                                 by a decree of nullity, unless it shall be so expressed
                                                                 in the decree.
5f. Is genetic testing required when disestablishment is a       Genetic testing is not required under New Hampshire
possibility?                                                     law prior to disestablishment. It is allowed by Motion
                                                                 of an interested party, the Department of Health and
                                                                 Humans Services, or the Court on its own Motion.
5g. Will the agency initiate a disestablishment action?          No
6. What other specific information related to paternity would    Where an individual is named on the child’s birth
help other states when they are processing a case within their   certificate, the Department takes the position that
own state, but the child was born in your state, or they are     there is a legal father and will pursue that individual.
initiating an interstate action with your state?                 If the parties have genetic testing done on their own
                                                                 (the Department will not pay for testing if the father
                                                                 is named on the child’s birth certificate), and a man,
                                                                 other than the father named on the birth certificate,
                                                                 is found to be the biological father, the Department
                                                                 will still distinguish between the legal father and the
                                                                 biological father. It is up to the parties to bring the
                                                                 matter before the Court to have the name changed
                                                                 on the child’s birth certificate.
1. PRWORA required that a father sign a voluntary                 This requirement was adopted into New Jersey
acknowledgment of paternity or be adjudicated as the father       Statutes in 1998.
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   The birth certificate does not establish paternity.
sufficient to prove that paternity has been established, or is      Only a certified copy of the Certificate of Parentage,
a copy of the underlying documentation, such as the                 which is New Jersey’s voluntary acknowledgment
Voluntary Acknowledgement of Paternity form or adjudication         form or an adjudication of paternity establishes
required?                                                           legal paternity in our state.
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            States must fax or mail a request on their office
                                                                    letterhead to the following:
                                                                    Paternity Opportunity Program Office (POP)
                                                                    1102 Quakerbridge Plaza
                                                                    Hamilton, NJ 08619
                                                                    Or by fax: (609)631-0336
3b. Is a fee required to obtain a copy?                             There is no fee for a copy of the acknowledgment.
3c. If so, how much is the fee?                                     N/A
4. Are there any other legal means of establishing paternity        Presumptions based upon certain enumerated
besides the Voluntary Acknowledgement of Paternity form or          factors in NJSA 9:17-43. These are rebuttable
an adjudication of paternity (after an administrative or court      presumptions.
hearing)?
4a. If yes, what are they (for example, legal determination         See above.
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Only in very limited circumstances, pursuant to
state allow disestablishment after the 60-day rescission            NJSA 9:17-41.
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     After this 60 day period, parents can challenge the
to be re-opened?                                                    Certificate of Parentage in court only on the basis
                                                                    of fraud, duress, or material mistake of fact. The
                                                                    party attempting to rescind has the burden of proof.
5c. Do you have other disestablishment laws (Uniform                Current law is based upon UPA 1973. UPA 2000
Parentage Act, etc.)?                                               has been introduced in previous and current
                                                                    legislative sessions, but has not come up for a vote.
5d. Do such laws allow disestablishment of paternity after          No statutory law on the issue. Some courts have
there has been a court or administrative hearing?                   allowed it.
5e. Do such laws allow disestablishment after a divorce             No statutory law on the issue. Some courts have
decree ordering support or finding the child a product of the       allowed it.
marriage?
5f. Is genetic testing required when disestablishment is a          No statutory law on the issue.
possibility?
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would       Check with the Paternity Opportunity Program to
help other states when they are processing a case within their      determine if a voluntary acknowledgment has been
own state, but the child was born in your state, or they are        completed. As stated in question #3 above, the
initiating an interstate action with your state?                    request must be made in writing on office letterhead,
                                                                    however if you have any questions, you can call the
                                                                    POP Office at (609) 631-0330 ext. 135.
1. PRWORA required that a father sign a voluntary                 New Mexico began the Voluntary Paternity Program
acknowledgment of paternity or be adjudicated as the father       in July 1993.
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   A copy of the Voluntary Acknowledgment of Paternity
sufficient to prove that paternity has been established, or is      is required. We are leery of accepting a copy of a
a copy of the underlying documentation, such as the                 birth certificate or court order since these documents
Voluntary Acknowledgement of Paternity form or adjudication         could be altered. In our court orders obtained by the
required?                                                           Child Support Enforcement Division we have language
                                                                    that affirms that a child is born of the marriage/born
                                                                    out of wedlock.
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            N.M. Child Support Voluntary Paternity Unit.
3b. Is a fee required to obtain a copy?                             No
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         A Stipulated Judgment and Order or a Default
based on genetic testing results)?                                  Judgment and Order. Neither requires a hearing
                                                                    but they are signed by a Judge and filed in court.
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     Either parent can request a rescission of a Voluntary
to be re-opened?                                                    Acknowledgment of Paternity. It will require a court
                                                                    hearing and DNA testing proving no probability of being
                                                                    a parent of the specific child.

5c. Do you have other disestablishment laws (Uniform                We have a portion of the UPA in statute. In 2005,
Parentage Act, etc.)?                                               a bill to adopt the entire UPA was passed by the
                                                                    Senate but died in the house for a lack of time.
                                                                    Proponents say they will bring the bill in 2007.
                                                                    Also there is case law.
5d. Do such laws allow disestablishment of paternity after          Yes, but burden of proof is very high.
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce             Yes, but burden of proof is very high.
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a          Yes, always. It is not uncommon to have multiple
possibility?                                                        tests and to bring in an expert witness. The lab must
                                                                    also be certified. The court usually wants the
                                                                    laboratory that is the official state vendor so that
                                                                    results cannot be altered.

5g. Will the agency initiate a disestablishment action?             Probably not, unless ordered by the court.
6. What other specific information related to paternity would    We need court-certified copies and a contact person
help other states when they are processing a case within their   at the court to confirm that these are originals. Birth
own state, but the child was born in your state, or they are     Certificates should also be certified and a contact
initiating an interstate action with your state?                 person at Vital Records. We have a single point of
                                                                 contact called the Interstate Case Registry (ICR)
                                                                 at our Central Office in Santa Fe. Direct lines (not
                                                                 call center) to that states’ caseworker and our
                                                                 caseworker can be exchanged after the ICR forwards
                                                                 a complete case file (all documents obtained) to the
                                                                 caseworker in the field.
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   The VAP is required.
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            NYS Bureau of Vital Statistics
3b. Is a fee required to obtain a copy?                             Yes
3c. If so, how much is the fee?                                     Varies per type of document.
4. Are there any other legal means of establishing paternity        No
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         No
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     N/A
to be re-opened?
5c. Do you have other disestablishment laws (Uniform                No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          No
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce             No
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a          No
possibility?
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would       Effective 1/1/98, the father's name will not go on the
help other states when they are processing a case within their      birth certificate unless he first acknowledges paternity,
own state, but the child was born in your state, or they are        or an Order of Filiation has been issued.
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 October 1, 1993
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   A birth certificate alone is not sufficient. A copy of the
sufficient to prove that paternity has been established, or is      underlying documentation is required.
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            North Carolina Department of Vital Records
                                                                    1903 Mail Service Center
                                                                    Raleigh, North Carolina 27699-1903
                                                                    (919)733-3526
                                                                    · A standard request form must be signed and submitted
                                                                    for all requests for copies of documents.

                                                                    · In order to search for a North Carolina Affidavit of
                                                                    Parentage, Vital Records must know the child’s full
                                                                    name and year of birth, the mother’s full maiden name,
                                                                    and the father’s full name, and place (city or county) of
                                                                    birth.

                                                                    Go to http://vitalrecords.dhhs.state.nc.us/vr/index.html
                                                                    for additional information and to obtain a request form.

3b. Is a fee required to obtain a copy?                             Yes
3c. If so, how much is the fee?                                     The fee is $15 for each birth record search, whether or
                                                                    not the record is found. If proper information and fees
                                                                    are received, Vital Records will provide you with an
                                                                    uncertified copy of the record located unless your
                                                                    request form indicates that you are legally entitled
                                                                    to a certified copy.

4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination       · Legitimation
based on genetic testing results)?                                Petition or Request of the Father - The father, with the consent and
                                                                  cooperation of the mother, can file a written petition with the Clerk of
                                                                  Superior Court, stating that he is the father of the child and asking that
                                                                  the child be declared legitimate. If the Clerk of Court concludes that
                                                                  this man is the father of the child, an order to that effect can be
                                                                  issued. The Clerk of Court forwards a copy of the order to the
                                                                  Registrar of Vital Records, along with a completed copy of the
                                                                  Certificate of Paternity (AOC-CV-611). The Registrar then issues a
                                                                  new birth certificate bearing the full name of the father.
                                                                  · Subsequent Marriage
                                                                  The child is automatically given legitimate status when the mother and
                                                                  a reputed father marry at some time after the birth of the child.
                                                                  (Reputed father means the child is "regarded," "deemed,"
                                                                  "considered," or "held in thought" by the parents themselves as their
                                                                  child.) When this happens, the parents must request a new
                                                                  birth certificate for the child. This request is made on Form
                                                                  DHS-1037, which can be obtained from the North Carolina
                                                                  State Board of Health, Raleigh, North Carolina, or from the County
                                                                  Registrar of Deeds. The DHS-1037 calls for essential information
                                                                  about the birth of the child and a notarized statement to the effect
                                                                  that this man is the father. The form must be signed by both
                                                                  parents and forwarded, together with a copy of their marriage
                                                                  certificate, to the Registrar of Vital Records, North Carolina State
                                                                  Board of Health. Upon receipt of the form and the copy of the
                                                                  marriage certificate, a new birth certificate is issued.
                                                                  Children born of a voidable marriage (annulled, bigamous) are still
                                                                  considered legitimate; it would not be necessary to subsequently
                                                                  establish paternity or legitimate children born of these marriages.
                                                                  · Children born as a result of heterologous artificial insemination
                                                                  are considered at law in all respects the same as a naturally
                                                                  conceived legitimate child of the husband and wife requesting
                                                                  and consenting in writing to the use of such technique.




5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your       No
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue   N/A
to be re-opened?
5c. Do you have other disestablishment laws (Uniform              No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after        N/A
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce           N/A
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a        N/A
possibility?
5g. Will the agency initiate a disestablishment action?           N/A
6. What other specific information related to paternity would     As of December 2006, NC no longer requires a
help other states when they are processing a case within their    certified birth certificate for paternity establishment
own state, but the child was born in your state, or they are      cases.
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                   North Dakota law was amended effective 7/1/97 to
acknowledgment of paternity or be adjudicated as the father         conform to this PRWORA requirement. The law
(for a child born out of wedlock) in order for his name to appear   was amended again effective 8/1/05 to provide
on the birth certificate. Date this requirement enacted in your     further clarification.
state?
2. Is a copy of a birth certificate (issued after the above date)   For IV-D purposes, the father’s name on the birth
sufficient to prove that paternity has been established, or is      certificate is not sufficient to prove that paternity
a copy of the underlying documentation, such as the                 has been established. The underlying documentation
Voluntary Acknowledgement of Paternity form or adjudication         must be obtained before the paternity can be
required?                                                           considered as established. For other purposes, such
                                                                    as TANF eligibility, the birth certificate alone may be
                                                                    adequate.
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            North Dakota Department of Health, Division of
                                                                    Vital Records.
3b. Is a fee required to obtain a copy?                             No
3c. If so, how much is the fee?                                     Not applicable.
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         1) Born of a marriage, 2) holding out in household,
based on genetic testing results)?                                  3) adoption, 4) man’s consent to assisted reproduction.

5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes – North Dakota Century Code (NDCC) 14-20-18.
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     Fraud, duress, or material mistake of fact raised
to be re-opened?                                                    within 1 year of filing the VPA.
5c. Do you have other disestablishment laws (Uniform                Yes – UPA 2002 (enacted as NDCC chapter 14-20).
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          Yes – NDCC 14-20-44.
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce             Yes – NDCC 14-20-58(3) and 14-20-44.
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a          No, it is left to the court’s discretion. NDCC 14-20-43.
possibility?
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would       If the child was born in North Dakota, there is a simple
help other states when they are processing a case within their      procedure for finding out if an Acknowledgment of
own state, but the child was born in your state, or they are        Paternity has been filed and, if so, for obtaining a
initiating an interstate action with your state?                    copy. A request for a copy of any Acknowledgment
                                                                    that might exist can be faxed to North Dakota’s
                                                                    Vital Records Agency (701-328-1850). The request
                                                                    must include the parents’ names and the child’s
                                                                    name, date of birth, and place of birth. The request
                                                                    must be accompanied by a release of information
                                                                    signed by one of the parents.
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 Enacted effective September 1, 1994.
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   A copy of the paternity establishment
sufficient to prove that paternity has been established, or is      documentation is required.
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            Oklahoma Child Support Enforcement, Center for
                                                                    Coordinated Programs, P. O. Box 53552,
                                                                    Oklahoma City, OK 73152
3b. Is a fee required to obtain a copy?                             No
3c. If so, how much is the fee?                                     N/A
4. Are there any other legal means of establishing paternity        No
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     In Court only on the basis of fraud, duress or material
to be re-opened?                                                    mistake of fact.
5c. Do you have other disestablishment laws (Uniform                None at this time. However, UPA is pending this
Parentage Act, etc.)?                                               legislative session & we hoping for an effective date of
                                                                    11/1/06.
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 August 4, 1997
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   Birth certificate is acceptable.
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            Once the Voluntary Acknowledgment of Paternity form
                                                                    is filed with the Center for Health Statistics, it is placed
                                                                    in a special sealed file and cannot be released with two
                                                                    exceptions. The form may be requested by a Child
                                                                    Support agency, or an Oregon court may issue an order
                                                                    for the release of the Acknowledgment form from the
                                                                    sealed file. If such an order is obtained you may
                                                                    forward a certified copy of the court order (showing the
                                                                    original seal and signature of the court official) and a
                                                                    $20 fee for a certified copy of the Voluntary
                                                                    Acknowledgment of Paternity form, or $2 for an
                                                                    uncertified copy. Copies can be requested through the
                                                                    Oregon Child Support Program (CSP) or directly from
                                                                    the Center of Health Statistics at:
                                                                    http://www.oregon.gov/DHS/ph/chs/order/faqs.shtml

3b. Is a fee required to obtain a copy?                             Not if it is requested through the Oregon CSP.
3c. If so, how much is the fee?                                     See 3(a)
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         The paternity of a person may be established as follows:
based on genetic testing results)?                                  · A child born in wedlock, there being no judgment of
                                                                    separation from bed or board, is presumed to be the
                                                                    child of the mother's husband, whether or not the
                                                                    marriage of the husband and wife may be void. This is a
                                                                    disputable presumption
                                                                    · By the marriage of the parents of a child after birth of
                                                                    the child
                                                                    · By filiation proceedings
                                                                    · By filing with the State Registrar of the Center for
                                                                    Health Statistics the voluntary acknowledgment of
                                                                    paternity
                                                                    · By having established paternity through a voluntary
                                                                    acknowledgment of paternity process in another state
                                                                    · By paternity being established or declared by other
                                                                    provision of law.
                                                                    · A cumulative paternity index (CPI) of 99 or greater
                                                                    creates disputable presumption of paternity (ORS
                                                                    109.258).


5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your       Yes. Parties can request a reopening up to 1 year
state allow disestablishment after the 60-day rescission          with the CSP if no parentage tests were previously
timeframe?                                                        done, and up to two years through the court.
5b. If yes, what are the bases for allowing the paternity issue   A case qualifies for reopening of paternity if:
to be re-opened?                                                  · An order establishing paternity has been entered by
                                                                  default or consent under ORS 416.440; OR
                                                                  · The parties have filed a voluntary acknowledgment
                                                                  under ORS 109.070; AND
                                                                  · Parentage tests have not already been conducted
                                                                  AND
                                                                  · The order was entered in circuit court or the Voluntary
                                                                  Acknowledgment was filed with the Center for Health
                                                                  Statistics (Vital Stats) one year ago or less at the time of
                                                                  the reopening request.
                                                                  · Or at any time if due to fraud, material mistake of fact,
                                                                  or duress.

5c. Do you have other disestablishment laws (Uniform              Oregon Laws 2005 (Chapter 162); SB 234 provides that
Parentage Act, etc.)?                                             if paternity was established by marital presumption, if no
                                                                  blood tests, as defined in ORS 109.251, were performed
                                                                  to establish paternity, the mother or the legal father may
                                                                  petition the court to reopen the issue of paternity. The
                                                                  mother or legal father may file a petition to any court
                                                                  having adoption, divorce or juvenile court jurisdiction to
                                                                  make the paternity determination.

                                                                  The petition must contain: (a) An affidavit executed by
                                                                  the petitioner stating that the petitioner has discovered
                                                                  new evidence since paternity was established or that the
                                                                  legal father is the presumed father and the petitioner
                                                                  has not had an opportunity previously to challenge the
                                                                  paternity; and (b) The results of blood tests,
                                                                  administered within 90 days before the petition is filed,
                                                                  that show a zero percent probability that the legal father
                                                                  is the biological father of the child.



5d. Do such laws allow disestablishment of paternity after        Yes, if the case meets the criteria for a reopening
there has been a court or administrative hearing?                 of paternity, or qualifies as marital presumption.
5e. Do such laws allow disestablishment after a divorce           No
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a        Yes
possibility?
5g. Will the agency initiate a disestablishment action?           Yes, the CSP will facilitate a reopening of paternity
                                                                  if the case meets the criteria -- paternity established
                                                                  through voluntary acknowledgment or administrative
                                                                  paternity order within one year, and no paternity
                                                                  testing has been completed. For marital
                                                                  presumptions, when both mother and husband
                                                                  agree husband is not the father.
6. What other specific information related to paternity would     Our disestablishment laws have a sunset clause,
help other states when they are processing a case within their    but our program is involved with a work group to
own state, but the child was born in your state, or they are      make recommendations about adopting the UPA.
initiating an interstate action with your state?                  If you have questions about Oregon’s paternity laws,
                                                                  you may contact Vicki Tungate at
                                                                  vicki.tungate@doj.state.or.us
1. PRWORA required that a father sign a voluntary                 July 6, 1998
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   Voluntary Acknowledgement of Paternity or
sufficient to prove that paternity has been established, or is      adjudication by the court is required.
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            The Bureau of Child Support Enforcement for voluntary
                                                                    acknowledgments; the Domestic Relations Section
                                                                    located in each county in Pennsylvania for
                                                                    acknowledgments adjudicated through the courts. .
3b. Is a fee required to obtain a copy?                             No
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity        No
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes. An acknowledgement of paternity may be
state allow disestablishment after the 60-day rescission            challenged in court on the basis of fraud, duress
timeframe?                                                          or material mistake of fact, which must be
                                                                    established by the challenger through clear and
                                                                    convincing evidence.
5b. If yes, what are the bases for allowing the paternity issue     See 5a
to be re-opened?
5c. Do you have other disestablishment laws (Uniform                No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          N/A
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce             N/A
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a          Generally, but only when ordered by the court are
possibility?                                                        the results admissible.
5g. Will the agency initiate a disestablishment action?             N/A
6. What other specific information related to paternity would       States are encouraged to provide exact name and/or
help other states when they are processing a case within their      social security number of the mother, the father,
own state, but the child was born in your state, or they are        and/or the child. Also, for paternity related issues
initiating an interstate action with your state?                    contact the Pennsylvania Bureau of Child Support
                                                                    Enforcement at 1-800-932-0211 and ask to speak
                                                                    with a paternity coordinator.
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 July 14,1994; conclusive presumption of paternity
acknowledgment of paternity or be adjudicated as the father       on January 1, 1998
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   The birth certificate alone does not. The Paternity
sufficient to prove that paternity has been established, or is      Acknowledgement, alone or with the birth certificate,
a copy of the underlying documentation, such as the                 does.
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            SC Department of Health and Environmental Control,
                                                                    Bureau of Vital Statistics
3b. Is a fee required to obtain a copy?                             Yes
3c. If so, how much is the fee?                                     $15.00
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         If the child is born of a marriage.
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         No
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform                Yes
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          The action may be brought based on grounds of
there has been a court or administrative hearing?                   fraud, material mistake of fact or duress.
5e. Do such laws allow disestablishment after a divorce             Same as (e)
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a          Not required by statute, but this is the common
possibility?                                                        practice in court.
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would       Has the mother ever been married before or has
help other states when they are processing a case within their      there been any previous actions filed in reference
own state, but the child was born in your state, or they are        to paternity.
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 July 1, 1994
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   A copy of the birth certificate is sufficient based on
sufficient to prove that paternity has been established, or is      Tennessee Code Annotated (T.C.A.) §24-7-113(a)
a copy of the underlying documentation, such as the                 and (b) (1)-(3). However, at their discretion, some
Voluntary Acknowledgement of Paternity form or adjudication         courts in the State may require a copy of the
required?                                                           Voluntary Acknowledgment of Paternity (VAoP)
3. Obtaining a copy of the Voluntary Acknowledgement                along with the certified birth certificate.
of Paternity form
3a. From where can states obtain a copy?                            Tennessee Office of Vital Records
                                                                    421 5th Ave North
                                                                    Central Services Building, 1st Floor
                                                                    Nashville TN 37247
                                                                    Phone: 615-741-1763
                                                                    http://www2.state.tn.us/health/vr/index.htm
3b. Is a fee required to obtain a copy?                             Yes
3c. If so, how much is the fee?                                     $16.00 = $4.00 (VAoP copy) + $12.00 (long form
                                                                    birth certificate is required)
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         Agreed Order of Parentage
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes, but only by court order.
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     Within five (5) years of execution of the VaoP on the
to be re-opened?                                                    basis of fraud, duress, or material mistake of fact
                                                                    with the burden of proof on the challenging party.
                                                                    At any time based on fraud in the procurement of
                                                                    the acknowledgment by the mother of the child.
5c. Do you have other disestablishment laws (Uniform                Yes, T.C.A. §§ 24-7-113(c), (d), or (e), and 36-2-304(b)
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          Yes, in limited circumstances, after a Court Hearing.
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce             Yes, in limited circumstances, following a court hearing.
decree ordering support or finding the child a product of the       T.C.A. §36-2-304(b)
marriage?

5f. Is genetic testing required when disestablishment is a          Yes, T.C.A. §36-2-304(b)(2)(B)(4)
possibility?
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would    · According to Tennessee Code Annotated §68-3-305(b)
help other states when they are processing a case within their   and §68-3-305(c), when another State sends their
own state, but the child was born in your state, or they are     Voluntary Acknowledgment of Paternity form or a court
initiating an interstate action with your state?                 order to the TN Office of Vital Records, the father’s
                                                                 name contained therein will be recorded on the
                                                                 Tennessee birth certificate.

                                                                 · If another State is processing a IV-D case with a child
                                                                 that was born in Tennessee and paternity was
                                                                 established by a TN VAoP, that State may request a
                                                                 copy of the TN VAoP and TN birth certificate by
                                                                 contacting the TN Office of Vital Records. (T.C.A. §36-5-
                                                                 801-9(a)(3)(A)(i)).

                                                                 · See Q 3. above for TN Vital Records contact
                                                                 information.

                                                                 · The father’s name only appears on the birth certificate
                                                                 in Tennessee if the parents were married, a VaoP was
                                                                 entered, or an order of parentage is entered. (T.C.A. §
                                                                 68-3-305)
1. PRWORA required that a father sign a voluntary                 September 1, 1999
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   No, an AOP or adjudication is required.
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            States contact the Texas Interstate Central Registry
                                                                    (ICR) to obtain a copy.
3b. Is a fee required to obtain a copy?                             No
3c. If so, how much is the fee?                                     N/A
4. Are there any other legal means of establishing paternity        No
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         N/A
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     A signatory of an acknowledgment of paternity or denial
to be re-opened?                                                    of paternity may commence a proceeding to challenge
                                                                    the acknowledgment or denial only on the basis of fraud,
                                                                    duress, or material mistake of fact, which must be
                                                                    commenced before the fourth anniversary of the date
                                                                    the acknowledgment or denial is filed with the vital
                                                                    statistics unit unless the signatory was a minor on the
                                                                    date the signatory executed the acknowledgment or
                                                                    denial. If the signatory was a minor on the date the
                                                                    signatory executed the acknowledgment or denial, the
                                                                    proceeding must be commenced before the earlier of
                                                                    the fourth anniversary of the date of the signatory's 18th
                                                                    birthday; or the removal of the signatory's disabilities of
                                                                    minority by court order, marriage, or by other operation
                                                                    of law. Texas Family Code section 160.308.
5c. Do you have other disestablishment laws (Uniform             Yes, in the Texas version of the UPA., Texas Family
Parentage Act, etc.)?                                            Code 160.607. TIME LIMITATION: CHILD HAVING
                                                                 PRESUMED FATHER.
                                                                 (a) Except as otherwise provided by Subsection (b), a
                                                                 proceeding brought by a presumed father, the mother,
                                                                 or another individual to adjudicate the parentage of a
                                                                 child having a presumed father shall be commenced not
                                                                 later than the fourth anniversary of the date of the birth
                                                                 of the child.
                                                                 (b) A proceeding seeking to disprove the father-child
                                                                 relationship between a child and the child's presumed
                                                                 father may be maintained at any time if the court
                                                                 determines that:
                                                                   (1) the presumed father and the mother of the child did
                                                                 not live together or engage in sexual intercourse with
                                                                 each other during the probable time of conception; and
                                                                   (2) the presumed father never represented to others
                                                                 that the child was his own.

                                                                 Yes, also in a Chapter 161 termination of parental rights.



5d. Do such laws allow disestablishment of paternity after       No
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce          No
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a       No
possibility?
5g. Will the agency initiate a disestablishment action?          No, other than disestablishing a presumed father
                                                                 in a paternity action alleging another man to be
                                                                 the biological father of the child.
6. What other specific information related to paternity would    Texas adopted the UPA in 2001.
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 September 1, 1997 (15 V.S.A. sec. 307)
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   A birth certificate in Vermont is insufficient to prove
sufficient to prove that paternity has been established, or is      paternity. The Voluntary Acknowledgement of Paternity
a copy of the underlying documentation, such as the                 form shall be a presumptive legal determination of
Voluntary Acknowledgement of Paternity form or adjudication         parentage upon filing with the department of health
required?                                                           provided no court has previously adjudicated parentage
                                                                    or no legal presumption of legitimacy otherwise applies.
                                                                    15 V.S.A. sec. 307(d), sec. 308. This legal presumption
                                                                    is rebuttable pursuant to the provisions found in 15
                                                                    V.S.A. 307(f).
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            Vermont Department of Health, P.O. Box 70, Burlington,
                                                                    Vermont 05401
3b. Is a fee required to obtain a copy?                             No
3c. If so, how much is the fee?                                     $0 no charge
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         If a child is born during the parties’ marriage that is
based on genetic testing results)?                                  considered a legal determination of parentage in
                                                                    Vermont, unless a legal determination is made by
                                                                    a Court to the contrary. 15 V.S.A. sec. 308(4).
                                                                    Otherwise, a Court must legally adjudicate parentage
                                                                    based upon a parties’ stipulation, genetic test results
                                                                    that exceed a 98% probability of paternity (15 V.S.A.
                                                                    sec. 308(3)), or failure without good cause to submit
                                                                    to genetic testing as ordered by a court (15 V.S.A.
                                                                    sec. 308(1)).
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     Petitioner has a one year statute of limitations from the
to be re-opened?                                                    date of signature of the acknowledgement to file a
                                                                    Motion to Reopen with the Family Court pursuant to
                                                                    Vermont Rules of Civil Procedure 60(b). (See 15 V.S.A.
                                                                    sec. 307(f)).
5c. Do you have other disestablishment laws (Uniform                No
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          Yes if disestablishment action is filed within one year
there has been a court or administrative hearing?                   statute of limitations timeframe following decision,
                                                                    and if Family Court grants the motion to reopen their
                                                                    prior order following a new court hearing.
5e. Do such laws allow disestablishment after a divorce             Possibly, but again, action must be timely filed before
decree ordering support or finding the child a product of the       one year statute of limitations has run. Otherwise,
marriage?                                                           no disestablishment action will be entertained.

5f. Is genetic testing required when disestablishment is a          Yes
possibility?
5g. Will the agency initiate a disestablishment action?             No
6. What other specific information related to paternity would    If your state allows adjudication of parentage through
help other states when they are processing a case within their   use of a birth certificate only, then please provide a
own state, but the child was born in your state, or they are     copy of your state’s laws verifying that fact before
initiating an interstate action with your state?                 initiating an out of wedlock birth case accompanied
                                                                 by birth certificate only. If child was born prior to the
                                                                 parties’ date of marriage, and no voluntary
                                                                 acknowledgement form was ever signed, then case
                                                                 must be filed as a parentage action in Vermont, not an
                                                                 establishment request, even if the parties are now
                                                                 married.
1. PRWORA required that a father sign a voluntary                 July 1, 1988
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   No, a copy of the Virginia birth certificate is not
sufficient to prove that paternity has been established, or is      sufficient to prove paternity unless the parents were
a copy of the underlying documentation, such as the                 married at the time of the child's birth. If the parents
Voluntary Acknowledgement of Paternity form or adjudication         were unmarried, the man listed on the birth certificate
required?                                                           must have signed an Acknowledgement of Paternity
3. Obtaining a copy of the Voluntary Acknowledgement                form and it would also be necessary to obtain a copy
of Paternity form
3a. From where can states obtain a copy?                            States can obtain copies of Virginia birth certificates
                                                                    and Acknowledgements of Paternity from the Office
                                                                    of Vital Records and Health Statistics (OVR&HS).
3b. Is a fee required to obtain a copy?                             Yes
3c. If so, how much is the fee?                                     $12.00
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         Genetic testing is conducted as a result of both
based on genetic testing results)?                                  administrative and judicial hearings in which the
                                                                    putative father opts not to sign an Acknowledgement
                                                                    of Paternity form. Under Virginia law, genetic test
                                                                    results of 98 percent or higher prove paternity and
                                                                    have the same legal effect as a judgment.
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         After expiration of the 60-day rescission period,
state allow disestablishment after the 60-day rescission            Virginia law allows an individual the option of filing
timeframe?                                                          a petition with the court seeking to set aside the
                                                                    acknowledgement of paternity.
5b. If yes, what are the bases for allowing the paternity issue     The person challenging the paternity statement must
to be re-opened?                                                    establish that the statement resulted from fraud,
                                                                    duress or a material mistake of fact.
5c. Do you have other disestablishment laws (Uniform                Virginia Code Section §20-49.10
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after          Yes
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce             Yes. The only exceptions to an individual having
decree ordering support or finding the child a product of the       the option of filing for disestablishment are when
marriage?                                                           the individual acknowledged paternity knowing that
                                                                    he was not the father, adopted the child or knew that
                                                                    the child was conceived through artificial insemination.

5f. Is genetic testing required when disestablishment is a          Virginia code allows that the court MAY order genetic
possibility?                                                        testing in a disestablishment case, except when
                                                                    child support is at issue, the court SHALL order the
                                                                    parties to submit to genetic testing.

5g. Will the agency initiate a disestablishment action?             No, the Virginia DCSE will not initiate a
                                                                    disestablishment action.
6. What other specific information related to paternity would    To have a father's name added to a Virginia birth
help other states when they are processing a case within their   certificate, a sworn Acknowledgement of Paternity
own state, but the child was born in your state, or they are     form completed by both parents is necessary.
initiating an interstate action with your state?                 If the paternity is adjudicated by a court in another
                                                                 state, Virginia must petition a Virginia court for a final
                                                                 determination of paternity before our Office of Vital
                                                                 Records and Health Statistics will add the father's
                                                                 name to the birth record.
1. PRWORA required that a father sign a voluntary                 The provision in Washington pre-dates PWORA.
acknowledgment of paternity or be adjudicated as the father       It was enacted in 1989. The applicable statute is
(for a child born out of wedlock) in order for his name to appear RCW 70.58.080.
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   No, a man’s name on a birth certificate alone is not
sufficient to prove that paternity has been established, or is      sufficient to prove paternity. For the purposes of proving
a copy of the underlying documentation, such as the                 paternity for the establishment of a support obligation,
Voluntary Acknowledgement of Paternity form or adjudication         DCS must have a ―Certification of Birth Record
required?                                                           Information‖ attesting to the filing of a paternity
                                                                    acknowledgment, a record of an adjudication of
                                                                    paternity, or information indicating that the marital
                                                                    presumption applies. The Division of Child Support
                                                                    does not routinely use copies of the paternity
                                                                    acknowledgement and instead utilizes the ―Certification
                                                                    of Birth Record Information‖ documentation.

3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            A copy can be obtained from the state’s Center for
                                                                    Health Statistics.

                                                                    If a state would like a certified copy of a Washington
                                                                    State paternity affidavit, it must send a written request
                                                                    on the state’s child support letterhead to:
                                                                    Center for Health Statistics
                                                                    Attn: Ray Moffatte Jr.
                                                                    P.O. Box 47814
                                                                    Olympia, WA 98504-7814

                                                                    The request must clearly state that the affidavit will be
                                                                    used for child support purposes only, and it must include
                                                                    the following information:
                                                                    · Child’s name and date of birth
                                                                    · Father’s full name
                                                                    · Mother’s full name
                                                                    · County or name of birthing hospital (if known)

                                                                    The state must include with the written request a check
                                                                    made payable to the Department of Health for $32. This
                                                                    fee includes the cost of a certified copy of the birth
                                                                    certificate.

3b. Is a fee required to obtain a copy?                             There is no fee required for Washington’s Division
                                                                    of Child Support. However, if another state’s child
                                                                    support enforcement program requests a copy,
                                                                    there is a fee.
3c. If so, how much is the fee?                                     For other states’ child support enforcement programs,
                                                                    there is a $32 fee.

4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination       Paternity can also be established through a marital
based on genetic testing results)?                                presumption, an adjudication of paternity (using
                                                                  genetic test results or issuing a default based on
                                                                  refusal to participate by the alleged father), adoption,
                                                                  a man having consented to assisted reproduction by
                                                                  his wife under the UPA that resulted in the birth of a
                                                                  child, and a valid surrogate parenting contract.
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your       Yes
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue   Within two years of the paternity acknowledgment being
to be re-opened?                                                  filed, one of the signatories can challenge the
                                                                  acknowledgment on the basis of fraud, duress, or
                                                                  material mistake of fact. The party bringing the
                                                                  challenge has the burden of proof. (RCW 26.26.335)
5c. Do you have other disestablishment laws (Uniform              Yes, there are disestablishment provisions in
Parentage Act, etc.)?                                             Washington’s Uniform Parentage Act (RCW 26.26).
5d. Do such laws allow disestablishment of paternity after        Yes. An individual who is neither a party to the
there has been a court or administrative hearing?                 adjudication or the child must commence such a
                                                                  proceeding no more than two years after the date of
                                                                  adjudication. There is no such time limit for the child or
                                                                  a party to the adjudication. (RCW 26.26.540)

                                                                  In Washington, adjudication of paternity cannot occur
                                                                  through an administrative proceeding. A parentage
                                                                  action must be brought in superior court in order for
                                                                  adjudication to take place.
5e. Do such laws allow disestablishment after a divorce           Yes. Under either of these conditions, parentage
decree ordering support or finding the child a product of the     is considered to have been adjudicated. As such,
marriage?                                                         number 5(d) applies. (RCW 26.26.630)
5f. Is genetic testing required when disestablishment is a        Yes. (RCW 26.26.600)
possibility?
5g. Will the agency initiate a disestablishment action?           No. The party desiring disestablishment of
                                                                  paternity must bring the proceeding.
6. What other specific information related to paternity would     It would be important for another state to understand
help other states when they are processing a case within their    Washington’s laws surrounding marital presumption
own state, but the child was born in your state, or they are      of paternity. (RCW 26.26.116) With many provisions
initiating an interstate action with your state?                  of this statute, the date of birth of the child and the
                                                                  date the parties were married are key to determining
                                                                  whether such a presumption exists.
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?
1. PRWORA required that a father sign a voluntary                 Since 1998, unwed parents in Wisconsin have had
acknowledgment of paternity or be adjudicated as the father       the ability to sign a voluntary paternity
(for a child born out of wedlock) in order for his name to appear acknowledgment (VPA).
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)   In Wisconsin the man listed on the certified birth
sufficient to prove that paternity has been established, or is      certificate is the legal father, no further
a copy of the underlying documentation, such as the                 documentation is needed.
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?                            The Wisconsin Office of Vital Records.
3b. Is a fee required to obtain a copy?                             Yes
3c. If so, how much is the fee?                                     $7.00
4. Are there any other legal means of establishing paternity        Yes
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination         A court may determine that a man is the legal
based on genetic testing results)?                                  father based on GT results.
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your         Yes, in some special circumstances.
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue     Wis. Stats. Section 806.07, Relief from Judgment or
to be re-opened?                                                    Order, provides that in some instance involving fraud,
                                                                    mistake, or newly discovered evidence the court may
                                                                    relieve a party from a judgment or order.
5c. Do you have other disestablishment laws (Uniform                No, Wisconsin does not have specific
Parentage Act, etc.)?                                               disestablishment legislation.
5d. Do such laws allow disestablishment of paternity after          See the response to (b) above.
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce             Such cases are not handled by IV-D agencies;
decree ordering support or finding the child a product of the       individual courts may handle these cases based
marriage?                                                           on local practice.
5f. Is genetic testing required when disestablishment is a          Documentation of past court decision indicate
possibility?                                                        that GT was required.
5g. Will the agency initiate a disestablishment action?             In some IVD cases in which the agency files an action
                                                                    for support and the husband or father raises the issue
                                                                    of paternity, the court may order GT to determine or
                                                                    confirm paternity.


6. What other specific information related to paternity would       1) Wisconsin child support agencies have access to
help other states when they are processing a case within their      Wisconsin birth records through an electronic birth
own state, but the child was born in your state, or they are        query system. 2) When a child support worker
initiating an interstate action with your state?                    enters paternity judgments in the state wide computer
                                                                    system, the legal father’s name is electronically
                                                                    transferred to Vital Records for update of the child’s
                                                                    birth record.
1. PRWORA required that a father sign a voluntary
acknowledgment of paternity or be adjudicated as the father
(for a child born out of wedlock) in order for his name to appear
on the birth certificate. Date this requirement enacted in your
state?
2. Is a copy of a birth certificate (issued after the above date)
sufficient to prove that paternity has been established, or is
a copy of the underlying documentation, such as the
Voluntary Acknowledgement of Paternity form or adjudication
required?
3. Obtaining a copy of the Voluntary Acknowledgement
of Paternity form
3a. From where can states obtain a copy?
3b. Is a fee required to obtain a copy?
3c. If so, how much is the fee?
4. Are there any other legal means of establishing paternity
besides the Voluntary Acknowledgement of Paternity form or
an adjudication of paternity (after an administrative or court
hearing)?
4a. If yes, what are they (for example, legal determination
based on genetic testing results)?
5. Disestablishment of Paternity
5a. If an Acknowledgment of Paternity was signed, does your
state allow disestablishment after the 60-day rescission
timeframe?
5b. If yes, what are the bases for allowing the paternity issue
to be re-opened?
5c. Do you have other disestablishment laws (Uniform
Parentage Act, etc.)?
5d. Do such laws allow disestablishment of paternity after
there has been a court or administrative hearing?
5e. Do such laws allow disestablishment after a divorce
decree ordering support or finding the child a product of the
marriage?
5f. Is genetic testing required when disestablishment is a
possibility?
5g. Will the agency initiate a disestablishment action?
6. What other specific information related to paternity would
help other states when they are processing a case within their
own state, but the child was born in your state, or they are
initiating an interstate action with your state?

								
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