When a baby is born, one of the most important things to do is to establish paternity of the child. Establishing paternity is the best way to protect the child, mother, and father and their rights to child support or visitation. There are different types of fathers, and many different ways to determine who is the father.
One of the first things that happen when a baby is born is naming the child and getting a birth certificate. The birth certificate includes the baby’s first, middle, and last name, and the name of both parents. You do not have to name your baby at this time, technically, though you will be urged too. The child also does not have to have the father’s last name to be considered “legitimate,” and the birth certificate usually does not reveal if the parents are married or not.
The best way to determine paternity is to name the father on the birth certificate. All states offer unmarried parents the opportunity to voluntarily sign a form which acknowledged paternity. Often, hospital personnel will make the effort to get the father’s signature on the form, to ensure mothers on welfare have someone there to pay child support.
In California the only way an unmarried father’s name can be on a certificate can be placed on a child’s birth certificate is if the father signs the declaration of his paternity. Paternity can not be established if the father is not present at the hospital to sign the form, but the father’s name can be added to the birth certificate at a later time.
The declaration of paternity is as legally binding as a court order; once it is signed, the father is required to pay child support. There can be a few different types of fathers which have to pay child support, including:
- Acknowledged father. An acknowledge father is the biological father to a child with unmarried parents, who has established paternity for himself. This type of father must pay child support.
- Presumed father. To be a presumed father, a man must either have been married to the mother when the child is born, have tried to marry the mother at the time the child was conceived or born, have married the mother after the child’s birth and agreed to have his name on the birth certificate, or have welcomed the child openly into his home. A presumed father must pay child support.
- Equitable parent. A parent is an equitable parent when a spouse who is not legally married has a close relationship with the child which is encouraged by the biological parent. If granted custody or visitation, the equitable parent must pay child support.
- Alleged father. An alleged father is a man who impregnates a woman, sometimes called an unwed father. The alleged father will have to pay child support if the court determines his paternity.
If the father is present for the child’s birth, establishing paternity can be a lot more simple, and the father’s name will most likely be included on the birth certificate right away. If not, the mother will have to ensure on her own or with the help of a Local Child Support Agency that the father signs a voluntary declaration of paternity. This type of official form acts as a court order which formally determines paternity and will require the father to pay child support.
