Paternity Acknowledgements, Legitimations, and Rescissions Donna L. Moore

Paternity Acknowledgements, Legitimations, and Rescissions Donna L. Moore

Paternity Acknowledgements, Legitimations, and Rescissions Donna L. Moore State Registrar Recorded 12/2016 Paternity Acknowledgement The Paternity Acknowledgement (PA) is used to add a biological (natural) father to a childs birth record. The Paternity Acknowledgement Form 3940 must be: Signed by both parents

Notarized Filed with the State Office of Vital Records VR Regulation 511-1-3-16 2 Paternity Acknowledgement A signed PA form allows: 1. The parents to name the child 2. The biological fathers name to be automatically added to a childs birth certificate 3. The fathers name to be automatically added to the Putative Father Registry

3 Paternity Acknowledgement Parameters: 1. The mother must have given birth in the state of Georgia 2. The father self-acknowledges to be the childs biological father 3. Both parents must sign the same PA form and is strictly voluntary 4. The PA cannot be used if the mother of the child was married to anyone within 10 months prior to the birth of this child or, if for any other reason, there is another father listed on this childs birth certificate

4 Paternity Acknowledgement PA - Child under 1 year old PA - Child over 1 year old 511-1-3-.27(1) Until the registrants 511-1-3-.27 (3) After one year from the date of birth, the provisions of Rules

511-1-3-.25 and 511-1-3-.10 must be followed to add a given name omitted on the birth certificate, or to amend a given name if the name was misspelled on the birth certificate. The State Registrar may change a given name after one year only upon receipt of an order from a court of competent jurisdiction requiring such change. 511-1-3-.25 speaks on the amendment process

first birthday, given names may be added to, changed, or corrected upon receipt of an affidavit signed by; (a) Both parents; or (b) The mother of a child born out of wedlock; or (c) Either parent in the case of the death or incapacity of the other; or (d) The legal guardian or agency having legal custody of the registrant. 511-1-3-.27 (2) When a paternity affidavit has been completed and filed,

no further amendment to the childs name shall be made except upon receipt of an order from an appropriate court, or if the natural parents marry after the birth of the child and thereby legitimate the child. 5 PA: July 1, 2016 Changes Governor Deal signed SB64 into law in April; effective July 1 Major changes Can no longer do a voluntary legitimation; must be a court-ordered legitimation OR dad must marry mom and recognizes child as his own PA form 3940 changed

Posted on the VR website Previous versions not acceptable PA form must be filed with the State Office within 30 days of execution/ signature date 6 PA: July 1, 2016 Changes After the document is filed, the following persons can request a certified copy from the State Office: 1.Any person who signed it 2.The guardian or temporary representative of any person who signed it 3.The child if he or she is at least 18 years old

4.The guardian, temporary guardian, or legal custodian of the child 5.The childs living legal spouse, next of kin, legal representative, or someone who has applied in good faith to become the childs legal representative 6.A government agency who needs it for official purposes 7.In response to a court order or subpoena 8.An attorney licensed in GA who needs it for purposes of legal investigation on behalf of a client 9.A licensed child placement agency that needs it for official purposes 7 Requirement vs Practice

The PA statute does not require a parent/legal guardian of a minor to sign the form. Yet, there are plenty of other statutes in the Georgia Code that require parental consent with regard to minors. Parental consent for minors is requested on the new form as a matter of practice and procedure, not a matter of law or regulation The age of majority in Georgia is eighteen. Contracts signed by a minor are voidable at the minors election, but not void. Code Sections 13-3-20, 13-5-3, 44-5-41. A minors signature on a PA is susceptible to legal challenge. As a practical matter, what we gain from the parental co-signature is that it makes it harder for the minor (or anyone else) to argue that the minor didnt know what they

were signing. An unwed parent under the age of 18 may sign without parental consent if he/she is on active duty with the military, or emancipation has been granted by a court order Laws in other states are all over the board. North Dakota and Florida allow minors to sign PAs, though the Florida Department of Health encourages parents to countersign. New York does not allow minors to sign a PA. 8

9 10 Legitimation Parameters 1. To carry out the provisions to amend the birth certificate, a certified copy of the parents marriage record and an affidavit of both parents are required. 2. If the mother or the putative father is deceased at the time an application for amendment of the birth certificate is made, a court order from a court of competent jurisdiction(Superior Court) is required.

3. If another person is shown as the father of the child on the original certificate, or the birth certificate reflects that the natural mother was married at the time of conception, birth, or any time between conception and birth, a Superior court order is required. Such court order must specify the name to be removed and the name to be added as father of the child. 11 Legitimation: July 1, 2016 Changes After July 1, 2016, legitimation of babies born out of wedlock can be accomplished only a) by court order, or

b) if dad marries mom and recognizes such child as his own Voluntary acknowledgements of legitimation which were signed on or before June 30, 2016 are valid and will be accepted. 12 PAs & Legitimations are de facto Amendments Upon amendment of an item in a vital record, that item shall not be amended again except upon receipt of a court order from a court of competent jurisdiction. VR Regulation 511-1-3-.29 A paternity affidavit and a legitimation affidavit shall be considered to be an amendment; therefore, once a paternity

affidavit or legitimation affidavit has been completed and filed, no further correction of the childs name shall be made except upon receipt of an order from a court of competent jurisdiction 13 13 14 14 Rescission 1. Either the mother or biological father has 60 days from the date of

his/her signature to request to rescind a Paternity Acknowledgement. Form 3956 2. Rescission of this document will rescind the PA, but will not remove the father from the birth certificate. 3. A court order must be obtained to remove the father from the birth certificate or make further amendments. 4. After the 60 day rescission period has ended, this signed document may constitute a legal determination of paternity and can only be challenged in a court of law on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgement. 15 16

Questions? 17

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