North Carolina Acknowledgment of Paternity and Waiver of Trial

State:
Multi-State
Control #:
US-01009BG
Format:
Word; 
Rich Text
Instant download

Description

This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an acknowledgment in a particular jurisdiction.

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FAQ

How do I remove a parent listed on a birth certificate? NC law requires a court order to remove a parent from a birth certificate. A DNA Parentage Test Report is not sufficient documentation to provide to this office to remove a parent from a child's certificate of birth.

To voluntarily add a father's name to a Birth Certificate, both the Mother and Father complete a form known as an Affidavit of Parentage at the Clerk of Court's office (704-832-6600). Once completed, the document is then submitted to the State Department of Vital Records to amend the Birth Certificate.

North Carolina law presumes that if the mother is married at the conception or birth of a child, her husband is the father and as such is responsible for his child. This "marital presumption" that he is the legally responsible father is accepted as fact until it is challenged or rebutted.

Paternity can be established by voluntary acknowledgment of paternity or by court order. The most convenient time for parents to establish paternity for their child is in the hospital when the child is born. The father must be present and provide identification to have his name placed on the Affidavit of Parentage.

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.

If a couple is unmarried, an AOP is one way to establish paternity. An AOP is a voluntary admission of paternity made by the parents of a child. Upon signing an AOP, a person is declared a child's natural father and is listed on the child's birth certificate (exceptions may apply).

When a child is born to parents who are not married to each other, hospitals must give an Acknowledgment of Paternity (03PA209E) form to the parents. The hospitals must also give paperwork and tell the parents of their rights and duties when establishing paternity.

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North Carolina Acknowledgment of Paternity and Waiver of Trial