This document is a list of clauses used in paternity matters. The clauses include establishing a trust for housing for the child, DNA testing to establish paternity, security of children, support of the mother on a voluntary basis, and a clause to prohibit the mother from contacting the father.
New Mexico Paternity Provisions
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FAQ
If the mother was unmarried at the time of the child's birth and no other name is listed on the certificate of birth as the father, the biological father's name may be added to the birth certificate by filing an Acknowledgment of Paternity Statement form. We also have a Spanish Version of the form available.
An Acknowledgment of Paternity (AOP) is a legal document that allows parents who aren't married to establish legal paternity.
Filing an affidavit with the New Mexico Department of Health. This is enough to establish paternity for purposes of state law, even if the parents aren't married to each other.
Establishing paternity must be done through a court order, which will also determine custody and/or visitation rights, as well as additional parental responsibilities, based on what's in the best interest of the child. If an unwed father is not listed on the birth certificate, he has no legal rights to the child.
? The statutory presumption that a man is presumed to be the natural father of a child if the man openly holds out the child as the man's natural child and has established a personal, financial or custodial relationship with the child applies to women.
(1) To amend a birth certificate, application may be made by both parents, the legal guardian or court ordered custodian, the registrant if 18 years of age or over, a legal representative for the registrant or parents, or the individual responsible for filing the original certificate.
Termination of parental rights; adoption decree. A. In proceedings to terminate parental rights, the court shall give primary consideration to the physical, mental and emotional welfare and needs of the child, including the likelihood of the child being adopted if parental rights are terminated.
A father's rights in New Mexico include the right to receive notice of any court proceedings, the right to participate in a court hearing, and the right to be heard during the proceedings. Fathers also have the right to seek legal representation and to be informed of the progress of their case.
Paternity may either be established voluntarily or through the court system. If both parents agree, then it's determined by: Listing the father on the birth certificate.