Acknowledgement Of Paternity (Page 2 of 4) in pdf

LDSS4418

(Rev. 8/98)

Either parent has a right to ask the court to cancel the Acknowledgment of Paternity by filing a petition with the family court.

The request must be made within the earlier of 60 days from the date of signing an Acknowledgment of Paternity or the date of

an administrative or judicial proceeding (including a proceeding to establish a support order) relating to the child in which

either parent is a party. The “date of an administrative or judicial proceeding” is the date by which the party is required to

answer the petition. When more than 60 days have passed since the signing of an Acknowledgment of Paternity, either parent

may only challenge the Acknowledgment of Paternity in court on the basis of fraud, duress, or material mistake of fact, with the

burden of proof on the party challenging an Acknowledgment of Paternity.

WHAT IT MEANS IF YOU DO NOT SIGN AN ACKNOWLEDGMENT OF PATERNITY:

If an Acknowledgment of Paternity is not signed by both parents, the man will not have a duty to support the child unless an

order is made after a hearing in family court establishing him as the father of the child. If the court declares the man to be the

father of the child, the court may make an order of support which may be retroactive to the birth of the child.

If you are named as the father of a child in a court hearing to establish paternity, you have a right to free legal representation

if the court determines you are unable to pay for legal representation. You also have a right to genetic marker tests or to DNA

tests, which will help the court determine if you are the child's father.

If you refuse to sign an Acknowledgment of Paternity, your refusal cannot be considered to be a failure to cooperate in

establishing paternity for the child if you apply for or receive public assistance for the child.

The father’s name cannot appear on the child’s birth certificate unless both parents sign an Acknowledgment of Paternity or

unless a court determines paternity.

WHAT NEEDS TO BE DONE WITH THE ACKNOWLEDGMENT OF PATERNITY AFTER YOU SIGN IT:

If you sign an Acknowledgment of Paternity at a hospital or a social services agency, the original will be filed for you with the

registrar of the district in which the birth occurred and in which the birth certificate has been filed. The Acknowledgment of

Paternity also will be filed with the Putative Father Registry.

If you are signing an Acknowledgment of Paternity without assistance from the hospital or social services agency, you must

file the original with the registrar of the district in which the birth certificate has been filed. The registrar will file a copy with

the Putative Father Registry.

IMPORTANT:

· By signing the Acknowledgment of Paternity before two witnesses who are not related to you, you are stating that you have

received oral and written notice regarding your legal rights and the consequences that result from signing an

Acknowledgment of Paternity, and that a copy of this notice has been provided to you.

· If you have any doubts about the child’s paternity, after reading this notice and having received oral notice, do not sign an

Acknowledgment of Paternity.

· If you wish to sign an Acknowledgment of Paternity, after reading this notice and having received oral notice, please

complete the Acknowledgment of Paternity on Page 4 of this form.

Page 2 of 4

Acknowledgement Of Paternity Page 2