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After paternity is established, the child's father's name can be added to the child's birth certificate, and the question of the father's identity is resolved. Additionally, establishing paternity allows both parents to seek custody and child support for their child.
Only a man married to the mother automatically takes on the legal role of father, ing to The Mississippi Bar. Until someone other than a husband establishes paternity through legal means, he does not have parental rights.
However, you can go file paperwork with a Mississippi court to request that they establish paternity for your child. In this process, a trusted family law attorney can help you file the necessary paperwork, and explain to a judge why he or she should force your child's potential father to submit to a paternity test.
If the mother is unmarried, the biological father's signing the affidavit on the back of the birth certificate does not make him the legal father. Such a designation requires court action. The unmarried mother, alleged father, or the minor child may file a complaint for establishing paternity.
A Simple Acknowledgment of Paternity (ASAP) is a voluntary form, often completed at the hospital. It is signed by both the mother and the father and gets filed with the birth certificate. The father's name will be added to the birth certificate, and in most cases, the child's last name will be the same as the father's.
Mississippi law presumes that a child born to a husband and wife is the natural offspring of the couple. Paternity is presumed until proven otherwise in court.
In Mississippi, the Putative Father Registry (PFR) is a tool available for men who believe they may have fathered a child out of wedlock. The registry is a legal document that allows a man to claim parental rights and be notified of any legal proceedings related to the child.