Putative Fathers

Does State have a Putative Father Registry:

Yes

Putative father registry
Rev. Stat. § 8-106.01(A)-(B)

A person who is seeking paternity, who wants to receive notice of adoption proceedings, and who is the father or claims to be the father of a child shall file notice of a claim of paternity and of his willingness and intent to support the child to the best of his ability with the State Registrar of Vital Statistics in the Department of Health Services. The Department of Health Services shall provide forms for the purpose of filing the notice of a claim of paternity. Forms shall be made available in the Department of Health Services, the office of the clerk of the Board of Supervisors in each county, every hospital, every licensed child-placing agency, the Department of Economic Security, sheriff's offices, jails, prisons, State Department of Corrections facilities, and Department of Juvenile Corrections Facilities.

The Department of Health Services shall maintain a confidential registry for this purpose.

Alternate means to establish paternity
Rev. Stat. § 25-812

This State or the parent of a child born out of wedlock may establish the paternity of a child by filing one of the following with the clerk of the superior court, the Department of Economic Security, or the Department of Health Services:

• A notarized or witnessed statement that contains the Social Security numbers of both parents and that is signed by both parents acknowledging paternity or two separate substantially similar notarized or witnessed statements acknowledging paternity
• An agreement by the parents to be bound by the results of genetic testing including any genetic test previously accepted by a court of competent jurisdiction, or any combination of genetic testing agreed to by the parties, and an affidavit from a certified laboratory that the tested father has not been excluded

On filing a document required above, the court shall issue an order establishing paternity, which may amend the name of the child or children, if requested by the parents. The clerk shall transmit a copy of the order to the Department of Health Services and the Department of Economic Security.

A voluntary acknowledgment of paternity may be filed with the Department of Economic Security, which shall provide a copy to the Department of Health Services. A voluntary acknowledgment of paternity made pursuant to this section is a determination of paternity and has the same force and effect as a superior court judgment.

Required Information
Rev. Stat. § 8-106.01(B)

The notice of a claim of paternity may be filed before the birth of the child but shall be filed within 30 days after the birth of the child. The notice of a claim of paternity shall be signed by the putative father and shall include his name and address, the name and last known address of the birth mother, and either the birth date of the child or the probable month and year of the expected birth of the child. The putative father who files a notice of a claim of paternity under this section shall notify the Registrar of Vital Statistics of any change of his address.

Revocation of claim to paternity
Rev. Stat. § 25-812

The mother or the father may rescind the acknowledgment of paternity within the earlier of:

• 60 days after the last signature is affixed to the notarized acknowledgment of paternity that is filed with the Department of Economic Security, the Department of Health Services, or the court
• The date of a proceeding relating to the child, including a child support proceeding in which the mother or father is a party

A rescission must be in writing, and a copy of each rescission of paternity shall be filed with the Department of Economic Security. The Department of Economic Security shall mail a copy of the rescission of paternity to the other parent and to the Department of Health Services.

The mother, father, or child may challenge a voluntary acknowledgment of paternity established in this State at any time after the 60-day period only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the challenger and under which the legal responsibilities, including child support obligations of any signatory arising from the acknowledgment shall not be suspended during the challenge except for good cause shown. The court shall order the mother, her child or children, and the alleged father to submit to genetic testing. If the court finds by clear and convincing evidence that the genetic tests demonstrate that the established father is not the biological father of the child, the court shall vacate the determination of paternity and terminate the obligation of that party to pay ongoing child support.

Access to information
Rev. Stat. § 8-106.01(B)

The department shall only respond to written inquiries of the confidential registry that are received from the court, the division, a licensed adoption agency, or a licensed attorney participating or assisting in a direct placement adoption.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

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