A notice of initiation of paternity proceedings may not be accepted into the registry unless accompanied by a copy of the pleading that has been filed with the court to establish paternity. A notice of initiation of paternity proceedings may not be filed if another man is the adjudicated or declarant father.
Alternate means to establish paternity
Ann. Code §§ 78-45g-301; 78-45g-302; 78-45g-601; 78-45g-622
The mother of a child and a man claiming to be the genetic father of the child may sign a declaration of paternity to establish the paternity of the child. The declaration of paternity shall be in a form prescribed by the Office of Vital Records and shall be accompanied with a written and verbal notice of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing the declaration.
The declaration of paternity shall become an amendment to the original birth certificate. A declaration of paternity may be completed and signed any time after the birth of the child. A declaration of paternity may not be signed or filed after consent to or relinquishment for adoption has been signed.
The parentage of a child may also be determined at an adjudicative proceeding. The tribunal shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.
Ann. Code § 78-45g-302
A declaration of paternity must:
If either the birth mother or the declarant father is a minor, the voluntary declaration must also be signed by that minor's parent or legal guardian.
A presumed father may sign or otherwise authenticate an acknowledgment of paternity. The Social Security number of any person who is subject to declaration of paternity shall be placed in the records relating to the matter.
Revocation of claim to paternity
Ann. Code §§ 78-45g-306; 78-45g-307
A signatory may rescind a declaration of paternity by filing a voluntary rescission document with the Office of Vital Records in a form prescribed by the office before the earlier of:
Upon receiving a voluntary rescission document from a signatory, the Office of Vital Records shall provide notice of the rescission, by mail, to the other signatory at the last-known address of that signatory. After the period for rescission has expired, a signatory of a declaration of paternity or a support-enforcement agency may commence a proceeding to challenge the declaration only on the basis of fraud, duress, or material mistake of fact. A party challenging a declaration of paternity or denial of paternity has the burden of proof.
A challenge brought on the basis of fraud or duress may be commenced at any time. A challenge brought on the basis of a material mistake of fact may be commenced within 4 years after the declaration is filed with the Office of Vital Records. Genetic test results that exclude a declarant father or that rebuttably identify another man as the father constitute a material mistake of fact.
Access to information
Ann. Code §§ 78-45g-312; 78-45g-405
The Office of Vital Records may release information relating to the declaration of paternity to a signatory of the declaration or denial and to tribunals and Federal, Tribal, and State support-enforcement agencies of this or another State.
The Office of Vital Records shall send a copy of the filing to a person or entity set forth below who has requested a copy. The copy of the filing shall be sent to the most recent address provided by the requestor.
Information contained in records that are filed pursuant to § 78-45g-401 is confidential and may be released on request only to:
Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)