South Carolina 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

Each parent has the same powers, rights, and duties. Each parent can get a hold of all educational records and medical records. Both parents can also go to school activities, unless a court says one can't. Neither parent can take the child by force from a parent who has legal custody.

You can initiate this process at your nearest Vital Records office, at the DHEC State Vital Records office in Columbia or by mail. A paternity acknowledgment cannot be completed if the mother was married at any time during the pregnancy or at the child's birth, or if a father is recorded on the birth record.

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.

1. What if we are not sure who the biological father is? If either parent is not 100% sure who the biological father is, they should not sign the Paternity Acknowledgement form at the hospital. After 60 days, the Paternity Acknowledgment becomes a legally binding document.

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.

Both parents of the child can go to DHEC Vital Records or any DHEC county health department to complete the form. Both parents are also required to show a valid, government-issued photo ID and provide their Social Security number, if they have one. There will be a fee to complete the form after you leave the hospital.

Paternity means legal fatherhood. If parents were unmarried at the time of the child's birth, they can complete a Paternity Acknowledgement Affidavit to create a legal connection between the child and their biological father. Establishing a legal father benefits everyone involved!

The father's name will appear on the birth certificate, and the father must consent to the name of the child before the child's name appears on the birth certificate. A father signing just the birth certificate, without signing a Paternity Acknowledgement Affidavit, does not constitute paternity.

When both parents want to voluntarily establish paternity: They must complete the Paternity Acknowledgement Affidavit at either S.C. Department of Health and Environmental Control (DHEC) or the county health department in the county where the child was born. Staff can answer questions and notarize parents' signatures.

If the father does not complete the Paternity Acknowledgment form, he is not the legal father of the child and will have NO RIGHTS. His name will not be on the child's birth certificate. He will not have visitation or custody rights.

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