Current through September 21, 2024
(a) Requirements
when the mother was married at the time of conception or birth of the child, or
between conception and birth:
(i) The husband
shall be entered on the birth certificate as the father of the child, unless
paternity has been determined otherwise by a court of competent jurisdiction;
or the husband has signed an affidavit denying that he is the father and the
mother and the person to be named as the father have signed an affidavit
acknowledging paternity.
(ii) If
the husband has signed an affidavit denying that he is the father and the
mother and another man have signed an affidavit acknowledging paternity, the
man signing the affidavit acknowledging paternity shall be listed as the
father.
(iii) If a court of
competent jurisdiction has determined that the husband is not the father of the
child and the mother and another man have signed an affidavit acknowledging
paternity, the man signing the affidavit acknowledging paternity shall be
listed as the father. A certified copy of the court order must accompany the
affidavit acknowledging paternity.
(iv) If a court of competent jurisdiction has
determined paternity, the information stated in the court order concerning the
father shall be listed on the birth certificate. A certified copy of the court
order must be forwarded to Vital Records Services.
(b) If the mother was not married at the time
of conception or birth of the child or between conception and birth, the name
of the father shall not be entered on the birth certificate unless an affidavit
acknowledging paternity signed by both natural parents is received; or unless
paternity has been determined by a court of competent jurisdiction.
(c) Affidavits acknowledging or denying
paternity.
(i) Affidavits acknowledging or
denying paternity must be on forms supplied by Vital Records Services.
.
(ii) Affidavits acknowledging or
denying paternity must be signed under penalty for false swearing. All
signatures must be notarized.
(iii)
An affidavit acknowledging paternity or denying paternity signed by a minor
must also be signed by the legal guardian of the minor.
(iv) Affidavits acknowledging or denying
paternity may be signed before the birth of the child.
(d) After a valid affidavit acknowledging
paternity has been filed the father's name may only be removed from a birth
certificate by court order.
(e) If
the father is not named on the certificate of birth, no other information about
the father shall be entered.
