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Establishing Paternity: Acknowledge of Paternity (AOP) and Denial of Paternity (DOP)
Reference law in Texas, USA:
Why should we establish paternity for our baby?
Child’s section
Mother’s section
Under Texas law, a child born to a man and woman who are not married has no legal father. There is a difference between a biological father and a legal father. When the child’s parents complete an Acknowledgment of Paternity (AOP) to establish legal fatherhood, this helps to secure the legal rights of the child.
Father’s section
Hospital section
Courts cannot order a father to pay child support until paternity is established.
The father cannot enforce his right to visitation or possession of the child until paternity is established.
The father may be able to provide health insurance, or other benefits, for the child.
The child may be able to receive money through a government program. In many cases the child may be eligible for Social Security, veteran’s benefits, health care, or other government benefits.
Children can be born with diseases or disorders inherited from their parents. Sometimes doctors can tell at the time of birth if a baby has any inherited diseases or disorders. But other times health problems appear later in a child’s life. Either way, it helps the doctors to know how to treat a child if they know the family medical history of both the mother and the father.
It’s tough growing up today. Your child will have an easier time just by knowing the identity of his or her father.
Acknowledging Paternity at the Time of Birth
What does it mean to “acknowledge paternity”?
Paternity means fatherhood. When both parents sign an Acknowledgment of Paternity and it is filed with the Bureau of Vital Statistics, the biological father becomes the legal father. Once paternity has been established, the father’s name is placed on the birth certificate. A court can order him to pay child support and grant him the right to visitation or possession of his child.
Why should paternity be acknowledged at the time of birth?
There are two main reasons. First, this is the most convenient time. Everything is together in one place. The necessary forms are available at hospitals in Texas. The father is likely to be with the mother at the hospital when the baby is born. The parents don’t have to worry about mailing the forms; the hospital will make sure that everything is sent to the right place. And the father’s name will be added to the birth certificate at no cost. Second, it’s the best time for the baby. The earlier in the baby’s life paternity is established, the more secure his or her future will be.
How is it done?
It’s simple. An AOP can be obtained from the hospital, usually from the birth registrar in Medical Records. The father and mother sign the form, and the hospital staff send the AOP to the Bureau of Vital Statistics (BVS), where it is filed.
Will signing the Acknowledgment of Paternity make a person the legal father?
Yes, when the mother and father both sign the AOP, the biological father becomes the legal father once the AOP is filed at the BVS.
What if the mother is married to someone else or the baby was born within 300 days of the date of her divorce?
If the mother is married to someone other than the biological father or the baby is born within 300 days of her divorce from a man who is not the biological father, the husband must sign a Denial of Paternity. The biological father cannot become the legal father by signing the AOP until the husband signs the Denial of Paternity, which is part of the AOP form. If the husband does not sign the Denial, either biological parent can open a case with the Attorney General or go to an attorney to establish paternity through the courts.
What if one or both parents change their mind after they have signed the AOP and it has been filed at BVS?
Anyone who signed the AOP may file a petition to rescind it. The petition must be filed in court within the first 60 days after the AOP has been filed with BVS or before the first court hearing, whichever is earlier.
Where can we get an AOP form?
AOP forms are available at the hospital, the local birth registrar, the Attorney General’s Child Support Office, and the Bureau of Vital Statistics, which can be reached at (512) 458-7393.
What if the father wants to sign the AOP but cannot come to the hospital?
Sometimes the parents are not able to do everything necessary to acknowledge paternity while the mother and baby are still at the hospital, or the father cannot come to the hospital. When this happens, the parents can sign the AOP before the baby is born, and the mother can bring the AOP to the hospital at the time of birth. She can also take one home after the birth. The father must take the AOP to a Child Support Office, the local registry, or another certified entity to receive information on his rights and responsibilities. When the AOP is complete, it must be mailed to:
What if the father does not want to acknowledge paternity?
The mother should contact an attorney or the Office of the Attorney General. The Office of the Attorney General will open a child support case for her. It is important that the mother complete an application with the Office of the Attorney General, providing as much information as possible. Information about the father, such as a Social Security number, place of employment, and an address, makes it easier to locate him. If the mother is on public assistance, her case will be automatically referred to the Office of the Attorney General by the Texas Department of Human Services.
What if the father thinks that the child is his, but the mother won’t sign the Acknowledgment of Paternity with him?
The father can come to the Office of the Attorney General and open a case, or he can consult a private attorney. It is important that the father complete an application with the Office of the Attorney General providing as much information as possible. Information about the mother, such as a Social Security number, place of employment, and an address, makes it easier to locate her.
What if the father does not believe the child is his?
He can ask for paternity testing. A court will look at the results of the paternity test and at other evidence that would link the father to the child.
Who pays for paternity tests?
There is no charge for paternity testing.
What if the custodial parent is receiving, or wants to receive, Temporary Assistance to Needy Families (TANF) benefits?
When a custodial parent applies for TANF benefits, he or she will automatically receive child support and paternity establishment services through the Office of the Attorney General. If a parent is receiving TANF, the law requires him or her to cooperate with the Office of the Attorney General.
How does paternity establishment affect custody and visitation?
Each parent has the duty to financially and emotionally support his or her child. Each parent has the right to visitation, except under exceptional circumstances. Child support and visitation will be ordered by a court. Both parents must obey the court order-a parent cannot refuse to pay child support because the other parent is refusing visitation, and vice versa.
Should parents establish paternity if they are getting along and the father is helping support the child?
Yes. Even if the father agrees to help support the child now, he may change his mind, become disabled, or even die. In most cases, unmarried parents can get benefits for their child only if they establish paternity for the child.
>> NOW Sign the Petition in India [promoted by ‘Voice of Women and Families in India’ and ‘My Nation Foundation’]
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STOP THE EPIDEMIC OF ‘Incomplete Birth Certificates’ NOW
by having Formats for Acknowledgment and Denial of Paternity in India!
To: The Government of India and responsible citizens of India
We, The Undersigned Call Upon the Indian Government to update the Format of the Birth Certificate of newborn children by having 4 sections in the Birth Certificate namely:
Declaration of Birth in Hospital (with name of Father and Mother),
Father’s Section (Acknowledgement of Paternity),
Mother’s Section (Statement of Paternity) and Child Section.
The social norms are changing and there are many children who are born in situations outside of marriage as well. The rights of these innocent children has to be secured, and it is the right of every child to know who their biological parents are. Once the rights of the child are secured, the rights of visitation/custody/maintenance of the legal father are secured.
A child will have an easier time by knowing the identity of his or her father. Every Child should have his/her Own Rights.
Today’s Many women deny and are not ready to include Father’s name in birth certificate of a child, born after separation, and child will grow up in fatherless environment. Many of today’s women are financially capable of raising the child, but they are not ready to admit the existence of Father of the child nor are they ready to allow child to know who is his/her biological Father is.
This Acknowledgement of Paternity (AOP) by Biological parents, and Denial of Paternity (DOP) by married husbands cheated by adulterous wives will resolve a lot of issues for children and society.
Repeal Lord Mansfield’s rule which is an outdated British law since 1777. Indian paternity laws which make the consequences of female adultery horrendous for husbands. These laws actually reward men who commit adultery with the wives of other men.
Lord Mansfield’s Rule is a British law created in 1777, which defines a child born into a marriage to be a product of that marriage. The husband of the mother must support the child even if he is not the biological father. No DNA test is allowed. No trial is granted. No appeal is possible.
The adulterous biological father has no responsibility for the child as long as the marriage lasts. This type of adultery is the only way a man can breed and be free from any legal responsibility to support his offspring.
STOP child raised in Fatherless Society!
STOP violation of Child Rights!
STOP child raised in a single parent environment!
and STOP India from being bastard Nation!
In view of the various birth options, it is time to Update the Format of the Birth Certificate in India.
[This Petition is Promoted by ‘MyNation Foundation‘ in coordination with ‘Voice of Women and Families in India‘]
Sincerely,
>> Footnotes:
Paternity means fatherhood. When both parents sign an Acknowledgment of Paternity, the biological father becomes the legal father. Once paternity has been established, the father’s name is placed on the birth certificate. A court can order him to pay child support and grant him the right to visitation or possession of his child.
Why should paternity be acknowledged at the time of birth?
There are two main reasons. First, this is the most convenient time. Everything is together in one place. The necessary forms would be made available at hospitals. The earlier in the baby’s life paternity is established, the more secure his or her future will be.
What if the father does not believe the child is his?
He can ask for paternity testing. A court will look at the results of the paternity test and at other evidence that would link the father to the child.
There are situations within a marriage, where a woman may carry the Child of a man other than the husband. In such a situation, the Section of Denial of Paternity has to be filled by the husband, and the real biological father has to sign the Acknowledgement of Paternity. In case of Doubt, DNA Paternity testing can be done. So, it will stop Innocent husband being victimized in false child support case.
It is important that married Fathers pay for the maintenance of their Legitimate Children within a marriage, and are not burdened to maintain Cuckolded children of persons indulging in adultery.
Sign by Nov. 8 before the International DAY OF ACTION on Father’s Day on June. 19 when we will deliver your message to the Indian Government.
References:
https://www.oag.state.tx.us/ag_publications/txts/paternity.shtml
http://chroniclesdeceivedparentage.blogspot.com/2011/01/establishing-paternity-acknowledge-of.html
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>>Other references:
A bastard (also called whoreson) in the law of England and Wales is a person whose parents, at the time of his/her birth, were not married to each other.
Unlike in many other systems of law, there was no possibility of post factum legitimisation of a bastard.
The Provisions of Merton 1235 (20 Hen. 3 c. IX), otherwise known as the Special Bastardy Act 1235, provided that except in the case of real actions the fact of bastardy could be proved by trial by jury, rather than necessitating a bishop’s certificate.
In Medieval Wales, prior to its conquest by and incorporation in England, a “bastard” was defined solely as a child not acknowledged by his father. All children acknowledged by a father, whether born in or out of wedlock, had equal legal rights including the right to share in the father’s inheritance. This legal difference between Wales and England is often referred to in the well-known “Brother Cadfael” series of Medieval detective mysteries, and provides the solution to the mystery in one of them.
References:
