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Can an acknowledgment of paternity be revoked in Ohio?

Can an acknowledgment of paternity be revoked in Ohio?

Full question:

My friend has recently signed an acknowledgment of paternity and filed it with the office of child support, Ohio. However, due to some reasons, now my friend intends to revoke the acknowledgement. Can an acknowledgment of paternity be revoked? If yes, then what is the limitation period for revoking the acknowledgment of paternity?

Category: Paternity
Date: 04/07/2025
State: Ohio

Answer:

Yes, an acknowledgment of paternity can be revoked in Ohio. According to ORC Ann. § 3111.27, the acknowledgment must be rescinded within sixty days of the latest signature on the document. To revoke the acknowledgment, the following steps must be taken:

Within sixty days, one of the signers must request a determination of the parent-child relationship under section 3111.38.
The signer must provide written notice to the child support office, including the name of the agency conducting genetic tests.

After these steps, an order must be issued under section 3111.46 to determine the parent-child relationship. If the child support office verifies compliance with the notice, the acknowledgment will be rescinded as of the date the order is issued.

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.

FAQs

What is an acknowledgment of paternity in Ohio?

An acknowledgment of paternity in Ohio is a legal document that establishes a man as the biological father of a child. It is typically signed by both parents and filed with the appropriate state agency, such as the office of child support. This document can help establish parental rights and responsibilities, including child support obligations. Once signed and filed, it has the same legal effect as a court order establishing paternity. It's important to understand the implications before signing, as it can be difficult to revoke.

How to establish paternity in North Dakota?

In North Dakota, paternity can be established through several methods. Parents can sign a voluntary acknowledgment of paternity, which is a legal document that both parents sign to confirm the father's identity. Alternatively, paternity can be established through a court order, often involving genetic testing if there is a dispute. It is advisable to consult with a legal professional to understand the best approach based on individual circumstances.

Is there a statute of limitations on establishing paternity in Ohio?

Yes, in Ohio, there is a statute of limitations for establishing paternity. Generally, a father can establish paternity until the child turns 23 years old. However, if the acknowledgment of paternity is signed, it can create a binding legal relationship that may limit the ability to contest paternity later. It is important to act promptly and seek legal advice if there are concerns about paternity.

Does signing a birth certificate establish paternity in NY?

In New York, signing a birth certificate does establish paternity if both parents are present and agree to sign it. This is considered a voluntary acknowledgment of paternity. However, if there is any dispute regarding paternity, it may require further legal action, such as a court order or genetic testing, to confirm the father’s legal status.

What is the difference between legitimation and acknowledgment?

Legitimation and acknowledgment are both processes related to establishing paternity, but they differ in legal implications. Acknowledgment of paternity is a voluntary agreement between parents, typically signed at birth or shortly after, confirming the father's identity. Legitimation, on the other hand, is a legal process that grants a child the same rights as those born to married parents, often requiring court action. Legitimation may be necessary if the parents were not married at the time of the child's birth.

Does an acknowledgment of paternity need to be notarized?

In Ohio, an acknowledgment of paternity does not need to be notarized to be valid. However, it must be signed by both parents and filed with the appropriate state agency, such as the office of child support. While notarization is not required, it can provide additional proof of authenticity and may be advisable in some situations.