Oklahoma Acknowledgment of Paternity with Declaration that Child Shall Share in Father's Estate

State:
Multi-State
Control #:
US-01447BG
Format:
Word; 
Rich Text
Instant download

Description

The act by which illegitimate children are given the same legal standing of legitimate children is a matter of local legislation, and therefore depends on the law of each particular jurisdiction. Although some statutes provide for the legitimation of children by conduct amounting to recognition, other statutes require that the recognition of an illegitimate child be in writing. Note that this form is an acknowledgment and not an affidavit.

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FAQ

In proven cases of fraud, a father may challenge paternity any time before the child turns 18. Otherwise, anyone who wishes to challenge paternity must do so within 2 years of the child's birth. Please note that proving fraud is difficult, and challenging paternity after a child's second birthday is uncommon.

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.

Paternity can be established if both parents sign an Acknowledgment of Paternity. If the mother is married to a man who is not the natural father of the child, the husband must also sign a Denial of Paternity, 03PA210E. A judge can also establish paternity.

Except as otherwise provided in subsection B of this section, a proceeding brought by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father shall be commenced not later than two (2) years after the birth of the child.

Signing a birth certificate, alone, does not establish paternity in Oklahoma. However, there are certain instances where signing a birth certificate would help a person become recognized as the father.

Update: On Nov. 1, 2022, a new Oklahoma law was widely touted as providing equal rights for mothers and unmarried fathers. In practice, not much changed. The new law says a father who signs an acknowledgement of paternity has the same rights as if he were married to the mother.

Establishing paternity is the legal process used to determine the biological father of a child. When a woman is married, her husband is legally presumed to be the father of the child. The husband does, however, have the opportunity to rebut or challenge that presumption of paternity.

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Oklahoma Acknowledgment of Paternity with Declaration that Child Shall Share in Father's Estate