En esta noticia
The Indiana Department of Child Services explains to all parents in the state the responsibilities, benefits and consequences of establishing paternity when you have a child and what happens if this legal status is not established.
One of the most direct effects has to do with the baby’s last name: if paternity is not established through marriage, by completing a Paternity Affidavit or, if that is not possible, by a court order, the child will be registered only with the mother’s last name.
How paternity is established so the child carries both last names
According to what the authorities say, a man will be presumed to be the child’s legal father automatically when:
- He and his wife are married at the time of the birth
- The child is born within 300 days after the marriage ends
If that does not happen, it is necessary to complete a Paternity Affidavit or request a court order.
What a Paternity Affidavit is
“A paternity affidavit is a legal document that allows a man and a woman to state, under penalty of perjury, that the man is the biological father of a child,” the explanation says.
This document establishes paternity, rights and responsibilities without the need for a court order.
The deadline to complete it at the hospital is within 72 hours of the child’s birth or at any time before the child is emancipated, but in that case it must be filled out at the local health department.
When a Paternity Affidavit is completed, authorities will add the father’s name to the birth certificate.
Responsibilities of completing a Paternity Affidavit
The authorities say that, when paternity is established, the following rights and responsibilities are acquired:
- The father may place his last name on the child’s birth certificate
- He has the right to spend time with his child according to the Indiana Parenting Time Guidelines, unless the court decides otherwise
- He must provide financial and medical support for the child
Signing a Paternity Affidavit is voluntary and, to be valid, it must be completed by both parents.
Court order: who can request it and what will happen
It is important to note that paternity can also be established through a court order. In these cases, either parent can file a petition and the court will review the situation.
“At the hearing, the parties may agree on paternity without the benefit of genetic testing, request genetic testing to determine paternity, or the court may review evidence and decide whether paternity should be established,” it says.