The state acknowledges the parentage of adults who have biological or legal relationships with minor children. Mothers can easily have their parentage acknowledged, as medical professionals are typically present during the birth or can attest to the aftermath of the birth process if women deliver their babies outside of medical facilities. Men often establish their parentage through marriage.
Parents recognized by the state have the same basic rights and responsibilities regardless of their sex or marital status. However, the state must acknowledge the parents for them to request visitation or custody rights. Unmarried fathers generally need to establish legal parentage if they aspire to acquire shared custody or visitation.
What procedures are necessary for unmarried men who want the state to acknowledge their relationships with their children?
Voluntary paperwork
Most unmarried men are able to establish parentage immediately after the birth of a child. They fill out an Acknowledgment of Paternity document at the hospital with the cooperation of the mother.
It is also possible for fathers to voluntarily complete paperwork with the cooperation of the mother years after the birth of a child. A father who completes the acknowledgment process when there is already a birth certificate for his child can have the state amend the document to add his name.
Court proceedings
Unfortunately, complicated interpersonal dynamics and failed relationships could make it difficult to voluntarily acknowledge parentage. If the mother of a child does not acknowledge the man as the father or refuses to cooperate, he may need to go to court.
The family courts can order genetic testing. By testing the mother, child and putative father, it is possible to validate the man’s paternity. If genetic testing confirms the man is the father of the child, he can ask to update the birth certificate to reflect that information. He can then also request the parental rights and responsibilities afforded to other parents.
Fathers trying to manage the execution of voluntary paperwork or navigate the legal system may need assistance as they seek to establish their paternity. Working with a family law attorney can reduce the likelihood of errors that could delay establishing parentage and complicate a man’s attempt to play an involved role in the lives of his children.