Legitimation is the voluntary act or process of legitimating a child born out of wedlock. It exists solely as a result of the law and policy of each jurisdiction and statutes must be construed and given effect according to the construction of the courts and legislatures of such states. Depending on the jurisdiction, legitimation may be accomplished by petition in a judicial proceeding or by legal recognition (e.g., by affidavit) of the illegitimate by the parent, or by either method.
Delaware Petition By Father of Minor Child For Voluntary Legitimation
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How to fill out Petition By Father Of Minor Child For Voluntary Legitimation?
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FAQ
A parent or guardian must file a petition with the Court of Common Pleas sitting in the county in which the minor resides and indicate the minor's present and proposed names. At least one of the minor's parents or legal guardian must sign the petition; if the minor is over 14, the minor also must sign the petition.
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.
The VAP can be signed at the hospital or anytime until the child turns 18, or 19 if the child is still in high school. There is no fee for signing the VAP form and it will allow the other parent's name to be placed on the birth certificate.
A biological father does not have legal rights to a child if he is not listed on the birth certificate. However, if the father has established paternity through a legal process, such as by signing an acknowledgement of paternity or through a court order, he will have legal rights to the child.
Voluntary acknowledgement of paternity is a simple process that allows unmarried parents to sign a document and establish a legal relationship between the father and his child without having to go to court. Signing the acknowledgement is voluntary and each parent makes his or her own decision.
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 you'd like to establish parentage, first consult a family law attorney.
The VAP can be signed at the hospital or anytime until the child turns 18, or 19 if the child is still in high school. There is no fee for signing the VAP form and it will allow the other parent's name to be placed on the birth certificate.