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(2) If the mother was not married at the time of either conception or birth or between conception and birth, the name of the father shall not be entered on the certificate without a court order from Family Court or an acknowledgment of paternity which is signed by both parents and their signatures notarized.
If a child's parents were not married or in a civil marriage/union when the child was born, the law does not recognize the other parent unless paternity/parentage is legally established. Establishing paternity/parentage will give your child the same rights and benefits as children born to married parents.
If you are not listed on the child's birth certificate and end up leaving the relationship with the child's mother, you won't be eligible for legal custody rights or visitation, nor will you have any legal say in some decisions about the child.
If both parents agree to sign the VAP form, paternity is established very easily. If either or both of the parents are under the age of 18 years old (minors), Delaware law prohibits minors from executing a VAP for the purpose of paternity establishment.
The easiest way to establish paternity, for parents over the age of 18, is administratively (without going to court) via the Voluntary Acknowledgement of Paternity (VAP) program whereby both biological parents sign a legal document, agreeing the child is theirs.
Often, this acknowledgement is made via the father being named on the birth certificate. Voluntary Acknowledgement of Paternity (VAP) is a way to name the legal father without having to go to court if the parents are not married.
You may obtain an acknowledgement form at any Division of Child Support Enforcement Office, or at the Office of Vital Statistics. Either agency can help you complete the form and notarize your signatures.