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However, a court order will still be required to remove the man's name from the birth certificate. After the 60-day period, voluntary acknowledgment of paternity becomes conclusive evidence of paternity and may be challenged in court only on the basis of fraud, duress, or material mistake of fact.
The father must fill out a Non-Custodial Parent Application for Services (available at DSS child support offices) and pay a $25 processing fee. A DNA test will be conducted at no charge.
You may change a birth certificate with South Carolina Department of Health and Environmental Control (DHEC) or through a court hearing. Try to make the change through DHEC because the process is easier and costs less. DHEC needs lots of information to make the changes.
Custody After Paternity Is Established Once paternity is established, both parents will maintain equal rights before the court. Neither the father nor the mother will be given any preference, and the court will award custody based on the best interest of the child's interests.
Paternity is automatically established if the parents are married to each other when the child is born. The husband is the legal father and his name will be on the child's birth certificate.
Therefore, a birth certificate DOES NOT establish legal parentage when parents are unmarried. Only signing a Voluntary Declaration of Parentage or obtaining a judgment in court legally establishes parentage for the children of unmarried parents.
For unmarried parents, paternity can be established through a paternity acknowledgement at the hospital or at DHEC Vital Records (or any county health department) after leaving the hospital.
For married parents, paternity is assumed at birth. For unmarried parents, paternity can be established through a paternity acknowledgement at the hospital or at DHEC Vital Records (or any county health department) after leaving the hospital.