North Carolina Affidavit by Parent to Prove Date of Birth of Child and Parentage to Social Security Administration in Order to Receive Benefits

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Eligibility for some types of benefits under the Social Security Act will require proof of a claimant's age. For example, in order to be eligible for retirement benefits, a claimant must demonstrate that he or she has reached retirement age. Age is also a factor for entitlement to spousal benefits, child's benefits, widow's and widower's benefits, and parent's benefits. The best evidence of age, in order to establish eligibility to the Social Security Administration (SSA), is a birth certificate. Any credible evidence of age that a claimant submits will be accepted and considered by the SSA.

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FAQ

The father must be present and provide identification to have his name placed on the Affidavit of Parentage. When this document is filed with Vital Records both parents' names are recorded on the birth certificate. Genetic (DNA) testing is recommended if there are doubts regarding the paternity of the child.

Establishing Paternity in North Carolina In North Carolina, listing someone as the father on the child's birth certificate is not valid proof of paternity, so state law provides two ways for a father to establish paternity: (1) affidavit of parentage; and (2) civil action.

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.

If the court determines, as a result of genetic testing, the putative father is not the biological father of the child and the affidavit of parentage was entered as a result of fraud, duress, mutual mistake, or excusable neglect, the court may set aside the affidavit of parentage.

If the mother was married when the child was conceived and/or born, North Carolina law presumes that her husband is the child's biological father and legal father. The husband is also presumed to be the father even if the parents were separated when the child was conceived or born.

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.

It indicates the parents wish to acknowledge parentage of a child. It is intended for use by couples who were not married at the time the child was conceived nor at the time of birth.

Both parents will need to go to the North Carolina Division of Social Services office together to complete the document. Both parents will need to provide identification and the mother will need to provide proof of her pregnancy or the child's birth.

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North Carolina Affidavit by Parent to Prove Date of Birth of Child and Parentage to Social Security Administration in Order to Receive Benefits