Full question:
My son is not convinced the he is the father of a newborn child.He signed papers at the hospital in Va. because he did not want to upset the mom. Did he make a terrible legal mistake? What are his legal, not moral responsibilities in this case? He is going to have a paternity test done, but after signing these documents is he too late?In other words if he is not the father is he still financially responsible?
- Category: Paternity
- Subcategory: Acknowledgment
- Date:
- State: Virginia
Answer:
If your son signed an acknowledgment of paternity, he has sixty days to rescind it. This acknowledgment can be canceled by either party within that time frame unless there is an administrative or judicial order relating to the child before the rescission. After sixty days, he may need to file a paternity action in court to establish paternity and child support responsibilities.
Children born to unmarried parents do not automatically have a legal father unless a paternity action is established. Some states allow paternity to be established through a signed acknowledgment without a court action. Unmarried fathers have similar rights and duties as married fathers. Both parents can be listed on the birth certificate, and if a father is not listed, he may still be added later by contacting the state Bureau of Vital Statistics.
Parents are legally obligated to support their children regardless of their marital status. If the parents cannot agree on support contributions, the court may intervene. A court can order one parent to pay child support to the other. Generally, a paternity action is a civil lawsuit, and only certain parties, including the mother, alleged father, or the child, can initiate it.
A court will not automatically order paternity tests; it must find sufficient grounds to justify such a test. If ordered, the mother, child, and alleged father will be tested. A court's determination of paternity is final, and a copy of the order is needed to establish the child's rights.
If your son is not the biological father and he signed the acknowledgment, he may still be financially responsible unless he successfully challenges the acknowledgment in court. In Virginia, a signed acknowledgment has the same legal effect as a court judgment after sixty days, unless proven otherwise due to fraud, duress, or mistake (Va. Code § 20-49.1).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.