You’ve just learned from a former partner that you could be the father of brand-new baby, but you’re not married to the mother. Or maybe you’ve been with the mother during the whole pregnancy but you’re not sure whether you’re the father of her new baby since she cheated on you around the time of conception. The mother wants you to claim the child legally by signing a Voluntary Acknowledgement of Paternity. You’re feeling pressured. Before you fall in love with that beautiful little person, STOP. There’s a hard question you need to ask yourself: Should I get a paternity test before signing an acknowledgement of paternity?
NOTE: This article is not intended to be legal advice—it is for general informational purposes only. For guidance regarding your particular situation, please contact a social worker or family-law attorney in your area.
What is a Voluntary Acknowledgement of Paternity?
The word “paternity”—of course—means fatherhood. So when you voluntarily acknowledge paternity of a child by signing this legal document, you’re saying you consider yourself the child’s father (whether you’re biologically related or not) and that you’re freely choosing to take legal responsibility for the child’s upbringing. The mother signs the document too, and—in most states—it is sent to the department of vital records, which then records the new father’s name on the birth certificate. In many cases, it can be obtained from the hospital right after the birth of the baby.
What Happens When I Sign an Acknowledgment of Paternity?
When this acknowledgement is signed, it is just as legally binding as when a court order names you as the father, so it’s not something that should be taken lightly. When you sign that document:
-You can no longer request a court hearing to determine if you are the child’s biological father
-You have the ability to establish visitation rights and custody
-Depending on your state, you may be able to contest any move to put the child up for adoption
-The child gains inheritance rights
-The child may be entitled to your benefits like social security and health insurance, and veterans’ benefits
-You are financially responsible for the child’s upbringing
Are There Circumstances Where I Wouldn’t Be Able to Sign an Acknowledgement of Paternity?
There are definitely circumstances where you cannot sign this acknowledgement:
-If the other was married during the pregnancy (at any time) or if she was married at the time the baby was born
-The mother is unmarried but there is another man who is also claiming paternity
-The child hasn’t been born yet
Why You Should Get a Paternity Test Before Signing an Acknowledgement of Paternity
The only way to withdraw an Acknowledgement of Paternity is to file a petition with the family court. There is usually a limited time—such as 60 days—for a man to do this. Once this time period is over, the only way to challenge the document is to prove to the court that it was signed based on fraud or mistake of material fact.
If you’re not sure you’re the biological child of the father or even if you are sure, it’s wise to protect yourself by insisting on a DNA paternity test before signing anything.
As you’ve learned in this article, the consequences of and responsibilities associated with signing the acknowledgement of paternity are legal and serious, so it just makes sense to get definitive answers to fatherhood questions through DNA science.
If you think a baby is yours and the mother is refusing a paternity test, in many states you only have two (2) years to file a paternity action, which is yet another reason to do a DNA test as soon as possible.
The Bottom Line
Welcoming a new baby is an emotional time for everyone. Before making a forever commitment, it’s smart to do your due diligence by getting a paternity test before signing an acknowledgement of paternity. If you have questions or concerns, by all means contact a social worker or family-law attorney in your area.
About HomeDNA Paternity
HomeDNA Paternity has been a leader in high-quality affordable DNA paternity testing since 1993 and is the only choice offered at retail stores from coast to coast, including CVS, Rite Aid, Walgreens, and Walmart. With a test this important, it just makes good sense to go with America’s #1 at-home kit.
If you’re not sure you’re the biological child of the father or even if you are sure, it’s wise to protect yourself by insisting on a DNA paternity test before signing anything.
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