Paternity is the legal process through which the identity of a child's father is confirmed. Oklahoma law makes certain presumptions about paternity if the birth mother is married. However, there are often disputes over who the paternal father is, even if the parents are married. In this case, a legal determination of paternity may be required.
The process can be straightforward if all parties involved are on the same page. But what happens if they aren't? A paternity action may be necessary.
When is an Oklahoma Paternity Action Necessary?
- When there's a dispute as to who the father of the child is. In those cases, a mother may want to file a paternity action because she is unmarried and there is no presumption of the identity of the father.
- To protect the financial rights of the child or even help identify their family medical history
- Other less common reasons, like when disagreements arise during a surrogacy
Regardless of the reason, we understand that paternity actions can be emotional and complicated. Our attorneys at Worden & Carbitcher are experienced in paternity action filings and ready to assist you in this matter.
Oklahoma's Process for Establishing Paternity:
Oklahoma law presumes that the husband of the birth mother is the father of the child. If the husband has doubts that he is the father, he can request the genetic testing used in cases of unmarried parents.
In the case of an unmarried couple, there is no presumption of paternity.
Establishing paternity is simple if all parties agree. The putative (or presumed) father would only need to sign off on an Acknowledgement of Paternity.
The Acknowledgment of Paternity form must be signed by both parents, and each signature must be witnessed. The witness cannot be the other parent, so a friend or medical professional will need to be present for the signing.
Acknowledgment of Paternity does not have to be signed at the hospital and can be signed later.
Once signed, the father has the same rights and responsibilities as any other parent but generally cannot enforce these rights without a court order establishing paternity along with custody, visitation, child support, etc.
Contesting Paternity – what happens then?
Sometimes, one parent has doubts. If either parent refuses to sign the Acknowledgement of Paternity, the father will not immediately be listed on the birth certificate. The putative father will need to complete a DNA test to determine paternity.
If you aren't 100% sure that a child is yours biologically, you DO NOT have to sign the Acknowledge of Paternity or birth certificate. No one can force you to do that until you've gone through the process of establishing paternity and have been found to be the biological father.
If both parties agree to the testing, the putative father gives a DNA sample. The testing can take place before or after the birth of the child, and if the tests are positive, the father can then sign the Acknowledgment of Paternity.