Acknowledgment Of Paternity
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NOTES AND INSTRUCTIONS
Each parent should carefully read all notes and instructions before parents complete and sign Acknowledgment
of Paternity Statement (AOP).
Establishment of paternity means the establishment of the parent-child relationship. This Acknowledgment of Paternity
(AOP) shall be signed under penalty of perjury by the mother and by the man seeking to establish paternity.
When a proper AOP is received by the State Registrar, the father will be added to the child’s
1.
SINGLE MOTHER:
Certificate of Birth.
a.
The signatories understand that an acknowledgment of paternity is the equivalent of a judicial adjudication of
paternity of this child and that a challenge to the acknowledgement is permitted only under limited circumstances
and is barred after two years.
2.
MOTHER IS OR WAS FORMERLY MARRIED: When a mother is or was married within three hundred days of the
birth of the child, the name of the husband shall be entered on the certificate of birth, including situations when:
a.
The husband may not be the genetic father.
b.
The mother has been separated (legally or otherwise) from the husband, regardless of the period of the
separation.
c.
The mother was legally married or attempted to marry, and the child is born within 300 days after the
termination of the marriage (unless the final divorce decree specifies that the husband is not the natural
father).
AFFIDAVIT OF DENIAL OF PATERNITY (DOP) (Form VSB 908B): If a married or formerly married mother claims that
her husband or ex-husband is not the genetic father of the child and the genetic father would like to acknowledge
paternity, the husband may complete a voluntary Denial of Paternity (DOP).
At that time, the mother and genetic father must submit an AOP along with the DOP. The AOP and DOP may be filed
separately or simultaneously, but neither is valid unless both are filed with the State Registrar.
AOP and DOP RESCISSION: The Rescission of an AOP or DOP is only allowed by means of a judicial proceeding [40-
11A-307].
Legal Citations:
“Acknowledged father” means a man who has established a father-child relationship pursuant to Article 3 of the New Mexico
Uniform Parentage Act.
"Adjudicated father" means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child.
“Presumed father" means a man who, by operation of law pursuant to Section 2-204
[40-11A-204
NMSA 1978] of the New
Mexico Uniform Parentage Act, is recognized as the father of a child until that status is rebutted or confirmed in a judicial
proceeding; A man is presumed to be the father of a child if:
1)
he and the mother of the child are married to each other and the child is born during the marriage
2)
he and the mother of the child were married to each other and the child is born within three hundred days after the
marriage is terminated by death, annulment, declaration of invalidity or divorce or after a decree of separation;
3)
before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if
the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within three
hundred days after its termination by death, annulment, declaration of invalidity or divorce or after a decree of
separation;
4)
after the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether
or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and:
a.
the assertion is in an acknowledgement of paternity on a form provided and filed by the Bureau of Vital
Records and Health Statistics (bureau);
b.
he agreed to be and is named as the child's father on the child's birth certificate; or
c.
he promised in a record to support the child as his own; or
5)
for the first two years of the child's life, he resided in the same household with the child and openly held out the child as
his own.
Rev 02/2012
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