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8.C Paternity Acknowledgment and Denial Procedures


Appendix 8.C – Paternity Acknowledgment and Denial Procedures

Purpose:

To expedite the establishment of paternity for children and provide enhanced customer service

General Information

In order to begin this process, the parties need to provide a copy or verification of the birth certificate and at least one form of identification for notarization purposes.

An acknowledgment of paternity and a denial of paternity may be filed separately or simultaneously. If the acknowledgement and denial are both necessary, neither is valid until both are filed.

An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child.  Fill the child's name in as "unnamed" plus the surname, and the date of birth as "expected" plus the mother's estimated due date.  Tell the mother to bring that form (or forms if there is a denial) with her to the hospital and give them to the hospital's birth certificate clerk, as opposed to sending them to Vital Records Services.  This will enable the hospital to include the father's name on the original birth certificate.

As long as the acknowledgment and/or denial of paternity are valid, an acknowledgment of paternity or denial of paternity takes effect on the birth of the child or the filing of the document with the state office of vital records, whichever occurs later.

An acknowledgment of paternity or denial of paternity signed by a minor and a legal guardian of the minor is valid if it is otherwise in compliance with the law.

A presumed father can only complete a denial within 5 years of the birth of the child.

If for some reason the alleged or presumed father cannot come to our office to sign the Affidavit Acknowledging Paternity or the Affidavit Denying Paternity (e.g. he is in prison), we can mail a cover letter with the appropriate form for completion.

If the parties do not come to the office at the same time, you will hold the partially completed affidavit for no more than 60 days.


Acknowledgment of Paternity

When there is not a presumed, adjudicated or acknowledged father, the mother of the child and the man wishing to establish paternity will need to make an appointment with the appropriate District Child Support Office.

1. The District CSE Office  will provide each parent with the Affidavit Acknowledging Paternity form provided by Vital Records Services.  Copies of this form will not be accepted.

2. The District CSE Office will have each parent read the Notice of Alternatives, Rights, and Responsibilities on the back of the acknowledgment.

3. On a speakerphone, the District CSE Office will then call 888.570.9906 and allow the parents to listen to the oral notice of the above information. 

4. If after reading and listening to the Notice of Alternatives, Rights, and Responsibilities the mother and alleged father wish to sign the acknowledgement, the District CSE Office will:
    • Have the mother complete the child and mother information;
    • Have the natural father complete his information;
    • Make sure the information on the child exactly matches the information on the birth certificate;
    • Obtain signatures and identification from each person for purposes of notarization; and
    • Notarize each signature.
5. Explain to the mother and alleged father that the document is not official until it is filed with Vital Records Services.  If the Affidavit Acknowledging Paternity is not acceptable, Vital Records Services will contact the mother at the address on the acknowledgement. 

6. If the Affidavit Acknowledging Paternity is acceptable, Vital Records Services sends a letter notifying the mother that a new birth certificate will be prepared in thirty days, and that any corrections to the current certificate shall be made prior to that time.  It also informs her that the fee for a certified copy of the new certificate is $13.00, and the fee for a copy of the new certificate plus the paternity affidavit is $26.00.


Acknowledgment of Paternity and Denial of Paternity

When there is a presumed father through marriage who is not the child’s biological father, the presumed father shall sign an Affidavit Denying Paternity and the mother and alleged father shall sign the Affidavit Acknowledging Paternity.  The denial is only valid if the alleged father signs an acknowledgment and the presumed father has not previously acknowledged his paternity or been adjudicated as the father of the child.
1. All of the parties (mother, alleged father, and presumed father) shall make an appointment with the District CSE Office ; however, the parties do not need to meet with the District Office at the same time.

2. The District Office will provide each parent with the Affidavit Acknowledging Paternity form provided by Vital Statistics Services.  Copies of this form will not be accepted.

3. The District Office will have each parent read the Notice of Alternatives, Rights, and Responsibilities on the back of the acknowledgment.

4. On a speakerphone, the District Office will then call 888.570.9906 and allow the parents to listen to the oral notice of the above information. 

5. If after reading and listening to the Notice of Alternatives, Rights, and Responsibilities the mother and alleged father wish to sign the acknowledgement, the District Office will:
    • Have the mother complete the child and mother information;
    • Have the natural father complete his information;
    • Make sure the information about the child exactly matches the birth certificate;
    • Obtain signatures and identification from each person for purposes of notarization; and
    • Notarize each signature.
6. Explain to the mother and alleged father that the document is not official until the presumed father signs an Affidavit Denying Paternity and both affidavits are filed with Vital Records  Services.  If the Affidavit Acknowledging Paternity is not acceptable, Vital Records Services will contact the mother at the address on the acknowledgement.

7. When the presumed father meets with the District Office, the District Office will:
    • Provide the Affidavit Denying Paternity;
    • Allow the presumed father to read it;
    • Answer only questions about the form;  
    • Obtain the presumed father’s signature and identification for purposes of notarization; and
    • Notarize his signature.

Note:  
f the presumed father has legal questions, suggest that he seek legal counsel before signing the affidavit.


8. If the Affidavit Acknowledging Paternity and Affidavit Denying Paternity are acceptable, Vital Records Services sends a letter notifying the mother that a new birth certificate will be prepared in thirty days, and that any corrections to the current certificate shall be made prior to that time.  It also informs her that the fee for a certified copy of the new certificate is $13.00, and the fee for a copy of the new certificate plus the paternity affidavit is $26.00.
 

Completed Forms

1. Mail completed forms by certified mail to:
Vital Records Services
2300 Capitol Avenue
Cheyenne, WY 82002

2. Complete CSE Affidavit Acknowledging Paternity Form to track the number of Affidavits Acknowledging Paternity and Denials (See Appendix 8.D – CSE Affidavit Acknowledging Paternity Form).