According to the Child Support Services Division from the Attorney General Office of DC, An Acknowledgement of Paternity (AOP) is a legal document in which the unmarried mother and father identify a child’s father. If the AOP meets the requirement of District law, it declares the child’s father without the need to attend court.
The simplest way to complete the AOP is typically at the hospital or birthing center after the child is born. The staff there will enable the parents to complete and notarize the AOP accurately. They can also file the AOP with the Vital Records Division of the Department of Health. If your child is already born, you can go to either the Vital Records Division or the Child Support Services Division.
At both locations, staff will educate you about your rights and responsibilities, help you complete the AOP, notarize it, and have it filed. The following is some helpful information for the first time:
- Both parents must verify that the information on the AOP form is true.
- Parents will be expected to provide photo identification.
- No blood test is required.
- Signing an AOP is easy and free.
- Both parents must sign the AOP in the presence of a notary public.
- The AOP must be notarized by the notary public who witnesses the parents’ signatures
- The form must be fully completed, typed or hand-written in ink, and legible.
- It is possible to rescind an AOP, but there is a time limit ( check the local state rules on this).
For instance, similarly to the DC rules, the Delaware Courts define Voluntary Acknowledgement of Paternity (VAP) as a way to name the legal father without attending court if the parents are not married. Generally, when the parents of a child are not married, the Family Court issues an order naming the child’s legal parent.
When defining a VAP, each parent must make his or her own decision. If both parents consent to sign the acknowledgment form, paternity is established without a hassle.
Acknowledging paternity is necessary for the child because the child may be able to receive benefits as a legal dependent of the parent. Some of these benefits can be social security, veteran’s benefits, disability, health care coverage, inheritance, and positive psychological benefits.
When an acknowledgment is properly signed, it establishes the man’s paternity of the child unless either parent rescinds the acknowledgment within 60 days of filing with the Office of Vital Statistics (OVS).
Again, these deadlines may vary, so check with the local state government website you reside in. The form can only be signed after the child is born, and it can be signed at the hospital or anytime until the child turns 18 or 19 if the child is attending high school. There is no fee for signing the acknowledgment form; it will permit the other parent’s name to be placed on the birth certificate. Only the biological parents should sign the Acknowledgement of Paternity form.
The parents’ marital status and the circumstances of the child’s birth must permit them to establish paternity through an AOP. Usually, this implies that the child must be born in the District (or the local state), and the parents must not be married or in a registered domestic partnership. Furthermore, if the mother was married when the child was born, she cannot complete an AOP with another man.
For instance, if Jessica was married to Harvey when her baby was born, even though Robert was the biological father, Jessica and Robert are not entitled to sign an AOP for the baby. Both parents must receive written and oral information about alternatives to, legal consequences of, and the rights and responsibilities that may arise from signing the AOP. The oral information may be recorded through video or audio media.
Keep in mind that a man should not sign an AOP unless it is absolute that he is the child’s biological father. If you are not certain whether you are the father, have genetic testing performed before signing. On a side note, private testing can cost at least $300. If a child support case has already been initiated, testing can be completed through the Child Support Services Division (CSSD).
If the results yield that a man is a father, there is a nominal fee associated with the genetic testing. There is no cost If the results yield that a man is not the father. There are legal consequences to signing the AOP, including being financially responsible for the child, and the child’s biological father should only take on those legal consequences. If you realize that you are not the father, do not sign the AOP.
