What Are Paternity Affidavits?
When issues related to the legal rights of a child’s biological parents arise, especially when the parents are unmarried, a paternity affidavit often comes into play. Establishing paternity is crucial for defining a father’s legal obligations and rights regarding the child. In Ohio, a primary method for unmarried parents to establish paternity is with the use of a paternity affidavit.
Whether you’re an unmarried father wanting to secure your parental rights or a mother looking to make sure that your child receives financial support, understanding paternity affidavits is essential.
What Is a Paternity Affidavit?
A paternity affidavit is a legal document signed by both parents to voluntarily establish the paternity of a child. It’s often used in cases where the mother and father aren’t married at the time of the child’s birth. By signing this affidavit, both parents agree that the man is the child’s biological and legal father. The affidavit is then filed with the state’s vital records office.
In Ohio, the Acknowledgement of Paternity Affidavit (JFS 07038) is a form provided by the Ohio Department of Job and Family Services (ODJFS) and is available at hospitals, local child support enforcement agencies, and county health departments. It serves as a legally binding document that affirms the father’s paternity without the need for a court order.
Why Is It Important?
Establishing paternity through a paternity affidavit is critical for several reasons:
Legal fatherhood: For unmarried fathers, signing a paternity affidavit establishes legal fatherhood. Without legal recognition, even a biological father has no legal rights or responsibilities toward the child.
Parental rights: Once paternity is established, the father gains certain rights regarding the child, including the right to seek visitation or custody. Without legal paternity, the father may have no say in important decisions about the child's life, such as education, healthcare, and religious upbringing.
Child support: Establishing paternity is essential for the child to receive financial support from the father. A mother can’t seek child support from an unmarried father unless his paternity is legally recognized.
Benefits for the child: A child with a legally recognized father can be eligible for various benefits, including health insurance through the father, inheritance rights, and Social Security benefits in case of the father’s death or disability.
Avoiding court proceedings: Filing a paternity affidavit avoids the need for a lengthy and potentially contentious court process to establish paternity. It provides a quick, straightforward way for both parents to confirm the father’s identity and responsibilities.
How to File a Paternity Affidavit in Ohio
In Ohio, the paternity affidavit can be signed and filed in a few different settings, depending on when the parents decide to establish paternity.
At the Hospital
The most common place for unmarried parents to establish paternity is at the hospital after the child’s birth. The hospital staff will provide the parents with an Acknowledgment of Paternity Affidavit and explain the significance of signing it. If both parents agree to sign the document, the hospital will file it with the Ohio Department of Health (ODH) on the parents’ behalf.
At a Child Support Enforcement Agency (CSEA)
If the parents didn’t establish paternity at the hospital, they can visit their local CSEA to sign the affidavit at a later time. This option is available until the child’s 23rd birthday. The CSEA will file the affidavit with the state, and it will have the same legal effect as if it had been signed at the hospital.
At a Local Vital Records Office
In Ohio, parents can also establish paternity by signing the affidavit at a local vital records office, such as the county health department. Similar to the other options, the completed affidavit will be filed with the Ohio Department of Health to legally establish paternity.
Requirements for Signing a Paternity Affidavit
For a paternity affidavit to be valid in Ohio, both parents must meet the following requirements:
The mother must not be married at the time of the child’s birth. If the mother is married to someone other than the biological father, additional steps are required to establish paternity.
Both parents must agree that the man is the biological father of the child. If there’s any doubt or disagreement, the parents shouldn’t sign the affidavit, and a court order or DNA test may be needed.
Both parents must sign voluntarily. Coercion or fraud may invalidate the paternity affidavit, and either parent can challenge it in court under certain circumstances.
Once both parents sign the affidavit and it’s filed, the father’s name will be added to the child’s birth certificate, and he will have legal recognition as the father.
Legal Implications of Signing a Paternity Affidavit
Signing a paternity affidavit is a legally significant action that carries both rights and responsibilities for both parents. It’s important to fully understand the implications before signing the document.
For the Father
By signing a paternity affidavit, the father assumes several legal responsibilities:
Child support: The father becomes legally responsible for providing financial support for the child. This includes regular child support payments as ordered by the court, as well as contributions to the child’s medical care and other needs.
Parental rights: The father gains the legal right to seek custody or visitation of the child. This means he can petition the court for shared parenting, visitation schedules, or even primary custody if the circumstances warrant it.
Inheritance rights: The child will have the right to inherit from the father in the event of his death. Additionally, the child may be entitled to other benefits, such as life insurance or Social Security.
For the Mother
By signing the affidavit, the mother agrees to the father’s legal recognition and acknowledges his role in the child’s life. The mother also gains the following:
Child support: With legal paternity established, the mother has the right to seek child support from the father to help with the costs of raising the child. This allows the child to have access to financial resources from both parents.
Parental cooperation: Establishing paternity creates a formal legal relationship between the parents concerning their child. This helps keep both parents involved in important decisions about the child’s upbringing, including education, healthcare, and religion.
Challenges to a Paternity Affidavit
While the paternity affidavit is legally binding, a family law attorney can help challenge it in court under certain circumstances. For example, if either parent later discovers evidence that the man who signed the affidavit isn’t the child’s biological father, they may petition the court to rescind the affidavit.
Generally, this must be done within 60 days of signing the affidavit unless there’s evidence of fraud, duress, or material mistake of fact. After the 60-day window, it becomes more difficult to challenge the affidavit, and a court will only consider rescinding it if clear and convincing evidence is provided. A DNA test is often required in these cases to prove biological paternity.
Benefits for the Child When Paternity Is Established
It’s important to remember that the primary purpose of establishing paternity is to benefit the child. Legally recognizing both parents with the help of a family law attorney helps provide the child with the financial, emotional, and social support they need to thrive. Here are some key benefits for the child:
Financial support: Establishing paternity with the aid of a family law attorney allows the child to receive financial contributions from both parents, helping to provide for the child’s daily needs, education, and healthcare.
Health insurance: Once paternity is established, the child may be able to receive health insurance coverage through the father’s employer.
Inheritance rights: The child gains the right to inherit from the father’s estate and can be eligible for other benefits such as life insurance, Social Security, and veterans’ benefits.
Family relationships: Establishing paternity helps the child form a relationship with both sides of their family, including grandparents, aunts, uncles, and cousins, fostering a sense of belonging and identity.
Contact a Family Law Attorney Today
Paternity affidavits provide a straightforward and efficient way for unmarried parents in Ohio to establish a legal father-child relationship without the need for court involvement. If you’re considering signing a paternity affidavit or have questions about establishing paternity, consult with a family law attorney today from our firm, Heckert & Moreland Co. LPA, in Columbus, Ohio.