Right to Know DAD
- by: Soshani Richardson
- recipient: Federal and State Legislators
Establishing paternity is important to ensure a child's wellbeing and to fully protect his or her rights.
- It allows access to legal and social benefits, including social security, veteran%u2019s, and inheritance benefits.
- It provides an accurate medical history for the child, giving the healthcare provider additional insight during diagnosis and in managing the child%u2019s health.
- It strengthens the bond between father and child.
"If there is a question on who the father is, paternity testing should be done as soon as possible. Most states have laws that require an unmarried couple to fill out an Acknowledgment of Paternity (AOP) form at the hospital to legally establish who the father. If the couple is unmarried and the mother has not been married in the last 300 days, then no father will be listed on the birth certificate until this legally binding form is filled out. The AOP is sent to the states Bureau of Vital statistics, is recorded, and the father listed becomes the legal father.
After the AOP is signed, couples have a limited amount of time, depending on the state, to request a DNA paternity test to be done and amend the AOP; if this is not done, the father previously listed on the AOP could be held legally responsible for the child even if he is not the biological father.
If the mother is married to someone other than the father of the baby or has not been divorced for over 300 days, her husband is presumed to be the father of the baby. The biological father can only be named the legal father if he fills out an AOP and the husband also signs a denial of paternity. If the husband does not sign the denial of paternity, then either biological parent would need to take action in court to establish true paternity.
During the time that no father is listed as legal father, the baby's rights are not fully protected. Naming a legal father is vital in ensuring that the baby is eligible for child support, and benefits such as social security, veterans benefits, and health care."
~American Pregnancy Association
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