Paternity 400-19-70-15

(Revised 1/1/17 ML #3482)

View Archives

 

 

Paternity is considered legally established by marriage, adoption, adjudication in a court proceeding or through voluntary acknowledgement. Prior to authorizing TANF eligibility, the TANF Eligibility Worker must determine whether or not paternity of a child has been established.  

• Marriage – If a couple is married when the child is born, the spouse is presumed to be the parent of the child. In addition, the spouse is presumed to be the parent of the child if the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court. This is true even if the mother claims someone else is or may be the child’s biological parent.
  
  
• Adoption – If a child is adopted, the adopted parent(s) is considered the parent(s) at the time the final order is issued.
  
  
• Adjudication – When a child is born out of wedlock, it is the responsibility of the Child Support Division to secure an adjudication of paternity in a court proceeding, if necessary. However, an adjudication of paternity may also be secured by an attorney representing either parent.  
  
  
• Voluntary Acknowledgment of Paternity – SFN 8195, North Dakota Acknowledgment of Paternity, with a revision date of 4/98 or later, is a legal document that unmarried parents may sign to acknowledge paternity of a child. It has the force and effect of a relationship of parent and child established through a court. Often, this form is signed in the hospital at the time of the child’s birth. The parent’s name is added to the birth certificate based on the Voluntary Acknowledgment of Paternity.