Women who give birth have immediate parental rights. Health care providers witness the birth or examine the mother and child after an off-site delivery. Her inclusion on the birth certificate of the child is automatic. Fathers do not necessarily have automatic parental rights when women give birth.
Married men benefit from a legal presumption of paternity. Unless there are unusual circumstances and the spouses file an affidavit with the state attesting to outside paternity after the birth of the child, a married man typically has his name added to a child’s birth certificate without any extra effort on his part.
Unmarried fathers, on the other hand, have to ask the state to acknowledge their parentage. There are several different ways for unmarried fathers to establish their relationships with their children and make use of their parental rights.
Cooperating with the mother
Unmarried couples frequently choose to have children together. If an unmarried father attends the birth of the child or visits the mother at the hospital shortly afterward, the two can execute a Certificate of Parentage to have the state include his name as the father on the birth certificate.
It is also possible for both parents to cooperatively fill out paperwork later to modify the birth certificate and add his name. Filing a Certificate of Parentage with the state can quickly and effectively establish a man’s paternity and grant him the ability to assert his parental rights. This option requires that the mother acknowledge the father and agree to execute the documents with him.
Asking for state support
Sometimes, the relationships between unmarried parents fall apart. Maybe they were never in a committed relationship. Maybe something happened that resulted in them separating. Other times, there may be multiple men who could potentially have fathered the child.
In those challenging circumstances, fathers may need to ask the state for support. They may need to go to court to request genetic testing. A non-invasive paternity test can help establish a man’s parentage. Provided that the test affirms a genetic connection between the father and the child, he can then have his name added to the birth certificate. From there, he has the right to request a share of parental rights and responsibilities.
Making an effort to establish paternity can be beneficial for unmarried fathers and their children. Men hoping to share custody or at least secure visitation rights may need help ensuring that the state recognizes them as the fathers of their children.
