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Understanding Paternity
EstablishmentExcellence in Birth Registration Conference
May 1, 2014Sara Lauthen, MN Dept. of Human Services
OverviewO Agency Partnerships and RolesO Paternity EstablishmentO Recognition of Parentage (ROP)O Impacts of Same-Sex Marriage
Partnerships and RolesO Department of Human Services
(DHS), Child Support Enforcement Division
O Department of Health (MDH)O CountiesO Hospitals
Role of HospitalsO Identify unmarried parentsO Present ROP information to both
parents O Provide an oral notice to parents—
play the video or read the formO Assure form is completed properlyO Provide a notary public
We Depend on YOU
O Record information correctly.O Collect data that is accurate and reliable.O Enter data and complete tasks with
efficiency.O Work with us to get things right.O Follow up when needed.O Help them connect to other
resources and services.
Families, programs and services depend on you to:
The NumbersO Hospitals administered 93% of the ROP
forms filed last year.O 68% of unmarried parents sign at the
hospital. O 15,254 ROPs completed at hospitals in
2013.O Minnesota’s child support program is a
national leader because of our high paternity establishment rate.
How is Paternity Established?
O When mother is married at the time of birth
O Court OrderO Recognition of Parentage
Why Establish Paternity?
O Gives a child born outside of marriage a legal father and the same legal rights as a child born to married parents
O Creates the legal relationship between a father and his child when the father is not married to the child’s mother.
Paternity Presumptions Based on Marriage
O For married parents, the law automatically recognizes the husband as a legal father.
O For separated parents, the law presumes the husband is the legal father.
O For divorced parents, the law presumes that the ex-husband is the legal father of a child born within 280 days of the divorce.
Same Sex Marriage and Presumptions
O The spouse of a married mother who has given birth during the marriage is presumed to be the parent of the child.
O The married mother’s spouse will be entered on the birth record.
O This has implications on the current process of recognizing paternity and parents signing a non-paternity statement.
ScenarioO Same sex female married couple, one
spouse gives birth at the hospital.O The female non-birth spouse is
presumed to be the parent of the child.O All parties agree the biological father
should be acknowledged as the father.O What should be done?
AnswerO Birth mother and biological father
sign ROPO Non-birth female spouse signs “Non-
paternity Statement” form.
Marital StatusOA mother’s marital
status at the time of her child’s birth is key
ONo documentation is required
ONo verification is doneOA mother’s marital
status determines whether a spouse’s name is on a child’s birth record.
Recognition of Parentage
O Is Minnesota’s voluntary paternity establishment process
O The law requires hospitals to inform unmarried parents and offer the form to sign at the time of their child’s birth
O The law requires parents to have written and oral information of their rights, responsibilities, and alternatives
Recognition of Parentage is a legal form is 4 pages long is intended for biological
fathers does not require genetic
tests can be filed for a child of
any age can be signed by parents of
any age must be signed by both
parents must be notarized is valid only when filed with
MDH is an alternative to going to
court is free of charge
Effects of Recognition of Parentage
O Parents who sign a ROP:O Give up the right to genetic testingO Give up the right to a trial and testifyingO Establish paternity fasterO Establish paternity without expenseO Can establish paternity at the hospital at birth.
O The ROP does not:O Does not address custody and parenting time—
need a court orderO Does not order child support.
Husband’s Non-paternity Statement
O A form for situations when a husband is not the biological father of his wife’s child.O A husband must sign within one year of a child’s
birthO Must be notarizedO Must be filed with MDHO No expense VALID ONLY WHEN:O The biological father and the mother sign the ROPO The ROP is filed with MDH
Parent Information
OROP Materials For Parents:O HANDBOOKBeing a Legal Father (DHS 3159A)O VIDEOPower of Two video (VHS and DVD)O FORMRecognition of Parentage (DHS 3159).
Signing ROPsO Notary public:
O Provide service at the hospitalO Collect proper ID from parentsO Verify that form is completedO Witness parent signaturesO Stamp, sign, and date both parent
signatures.
Tips
O Use a black ink pen to finish completing forms
O Give each parent a copy of all 4 pages for their records
O Fax ROPs and HNPS forms “top first”O Set your fax to MDH recommendationsO Keep the original ROP or HNPS after
faxing until you verify its status as “filed.” Check the status in the MR&C—record may be replaced.
Tips
O Carefully fill-in dateO Sign and stamp each
parents’ signature. O Notarize only the originals.O Check the hospital
box, write in name.
Undoing the FormsO Parents should sign intending “forever”O Deadlines exist to “undo” the form:O Either parent may file an action to
vacate the ROP within one year of signing.
O Either parent may file an action to vacate the ROP within six months of obtaining genetic testing results indicating the man who executed the ROP is not the father.
HelpDepartment of Human Services
Child Support Help Desk 651-431-4400, option 5Monday-Friday, 8-4:30
Questions?