Nowadays, it is not unusual to have a child out of wedlock for various reasons. The process of giving birth automatically establishes maternity. Unfortunately, paternity needs to be established if you are not present at your child’s birth or the birth certificate does not list your name. There are a few ways to be named the legal father and reasons why you need to be. Here is some additional information.
Ways To Establish Paternity
In the state of Washington, you can establish paternity either voluntarily or involuntarily.
Voluntary Acknowledgement of Paternity
Voluntarily is the simplest way to legally become a father. This when you and the mother agree you are the biological father and the child’s birth certificate lists no other father’s name.
This process only requires the two of you to sign a “Voluntary Acknowledgement of Paternity” form. If another father is listed, you can also use this process, but this person must first file a Denial of Parentage form.
You can obtain the Voluntary Acknowledgement of Paternity form from several places. These include:
- Your local hospital
- Your local health department
- Your local child support office
Both you and the mother of the child must sign the form together in front of a notary. Once it is signed and notarized, you forward the form to the Washington State Department of Health, Center for Health Statistics, with an $18 check or money order. Once the form is received, the department of vital statistics will generate a new birth certificate.
Involuntary Acknowledgement of Paternity
Involuntary Acknowledgement of Paternity requires the involvement of the court. Numerous parties can petition for the court’s involvement. Some of these parties are:
- You
- The child
- The child’s mother
- The state
When someone files a “Petition to Establish Parentage” in the child’s county of residence, the court must become involved. Once the court hears the petition, they will decide whether or not to order a DNA test. Once parentage is determined, a court order is issued, and a new birth certificate is issued.
Reasons To Establish Paternity
There are numerous reasons to establish paternity for your child, but it is more important to be more than just a name on their birth certificate. Your child will benefit from a positive, healthy relationship with you, whether or not you continue to be in a relationship with their mother. Your engagement with your child positively affects their mental and physical health. Studies show some of these effects are:
- Attachment from birth
- Improved weight gain following birth
- Higher levels of confidence
- Better behaviors in school
- Better grades in school
- Less likely to be retained in school
- Reduction in risky adolescent behaviors
- Drop in rates of depression
- 80% less likely to spend time in jail
- 75% less likely to be a teen parent
Although many single mothers do an amazing job raising their children, their solo efforts do not supersede children raised in healthy relationships with both parents.
Presumption of Paternity
In the State of Washington, there is a presumption that the Husband in a marriage is the biological father of any child born during the marriage. In some instances, a child is born during a marriage, but the Husband is not the biological parent of the child. In this situation, the Husband will need to be disestablished as the presumed biological parent before paternity can be established for another person.
Sometimes establishing paternity and seeking visitation and/or custody is not an easy task. Fortunately, the Law Office of Leonard Kerr can help you navigate this legal quagmire. Give us a call today for a consultation. We can help you establish a legal relationship with your child.
