Affidavit of Paternity

Purpose and Use

This document allows the father’s name to be added to the child’s birth certificate and confirms parental rights. It can be filed at any time during the child’s life unless already listed on the birth certificate, though in many states, it’s best done early to avoid complications. Once accepted, the acknowledgment is legally binding and may only be challenged under strict legal circumstances.

Also Known As

Depending on the state, this form may be titled:

• Affidavit of Paternity
• Declaration of Paternity
• Affidavit of Parentage
  

Filing and Access

A blank acknowledgment form can typically be obtained at:

• The hospital at the time of birth
• The county clerk or registrar’s office
• The health department
• The local child support services agency

To get a copy of a previously filed affidavit, contact the office where it was initially submitted—usually the Department of Health, the city, or the county clerk.

Key Considerations

• In many states, once paternity is acknowledged within the first two years, it cannot be reversed, even with a DNA test.
• Some courts recognize non-biological father figures as legal fathers if they have lived with and cared for the child for a certain number of years.
• An unmarried mother may pursue court-ordered paternity if the alleged father does not sign voluntarily.
• Signing the form is legal and should be done only if the individual fully understands the responsibilities involved.