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?