SAN JACINTO
By Terri L. Stromatt
In response to a growing need from the Inland
Empire and surrounding communities, DNA Services of America
continues to help its neighbors fully understand how DNA testing can resolve
complex, highly-emotional and confusing situations. One critical area for unwed parents is
completion of the Declaration of Paternity.

DNA Services of America Regional Manager, Mr. Akbar El-Amin
The birth of a new baby should be a time of joy and
excitement. A new life has entered the
world and is joined with its adoring mother and father. The miracle of birth should be a time of joy,
with as little stress as possible - a time for learning, family bonding and
loving. For those parents who have
children outside of marriage, currently at a rate of 35.7% on a national level
and 34.4% in the State of California, the joyous moment can come to an
immediate halt when it is time to complete the birth certificate paperwork and
they first learn about a legal document called a Declaration of Paternity.
The Declaration of Paternity ("DOP") is also known by other
names in various states, such as the Affidavit of Parentage and Voluntary
Acknowledgement of Paternity; however, the rules that apply to its completion
are standard across the country. Believe
it or not, most new parents are completely unaware of the DOP until they meet
with the birth certificate registrar or other trained hospital personnel for
the first time when they complete the birth certificate documents for their
newborn. This can come as quite a shock,
leaving parents unsure what to do or how to respond given the amazing birth
experience that just took place and awesome responsibility that they are now
faced with.
The DOP is a legal document and its application is generally
managed at the state level through the Attorney General's office. The DOP is meant to have a positive impact on
the child, to ensure it begins its new life with emotional and financial
security through participation by both parents.
In situations where the mother and father of the child are not married,
the only way the father can be legally recognized is through written
acknowledgement or through a court order.
The mother and father are encouraged to make a decision at
the hospital as to whether or not the father will sign the DOP. If he does not sign the document right away,
• He may seek a DNA test to establish paternity then he and
the mother may file the completed DOP at a later date for a minimal fee; or
• The mother may open a case to establish paternity through
the state; or
• If neither the mother nor father act, the child's birth
certificate will be left without a father's name or recognized paternal
guardian. The mother may not be entitled
to certain welfare benefits if she does not attempt to establish a father to
help support the child.
It is extremely important for a child to have a father
involved in his or her life; however, it can be very stressful for new parents
who may not be prepared for an immediate decision that may have far-reaching
effects, such as:
* emotional security
*Personal identity
*Family belonging
* Financial support for the child
* Visitation and/or custodial rights
• Medical history relative to paternally-inherited diseases
• Medical, dental, social security, military child survivor
or other benefits
• Moral and ethical upbringing of the child.
It is important for new parents faced with acknowledging the
paternity of a child to remember that this is a voluntary action. New parents have the choice to wait and think
through the best options for their particular situation and should not feel
pressured into making an uninformed decision that may be personally detrimental
or most importantly, negatively impact the child. It is easier for parents to add a name to the
DOP and birth certificate than it is to remove a father's name if a subsequent
DNA test finds that he is not the biological father of the child. If a father
signs the DOP, he generally has only sixty (60) days to rescind his name. Depending on the state, rescission means his
name is removed from the AOP; however, many times it does not mean his name is
removed from the birth certificate. In
fact, this action may require legal intervention. If the father signs his name then wants a
paternity test, he must generally seek one on his own accord and is no longer a
candidate for testing services through the state.
If the father does not rescind his name during the 60-day
period and later wishes to remove his name, it will be challenging and
sometimes impossible. Remember, the
purpose of the father acknowledging his desire to be the recognized father of
the child is to protect the newborn and to protect his parental rights. Most DOP instructions clearly state that if a
father is not sure of his biological relationship to the child, he should seek
proof through a paternity test. If the
father does not seek a test before signing the DOP and the 60-day grace period
passes, most states have a four (4) year statute of limitations for filing a
lawsuit to contest the voluntary DOP.
This does not make the reversal a guarantee. The court will require proof that the
document was signed under one of the following three conditions:
• Fraud - someone lied when signing the document
• Duress - the father was forced to sign the document
• Mistake of fact - the father thought one thing and another
thing was true
Check with the Attorney General's office for your state's
regulations.
Unwed parents-to-be are encouraged to research their state's
paternity acknowledgement process before their child is born so that they fully
understand what they will be signing when the child arrives. Education, open communication, and keeping
the child's best interest at the forefront are key when establishing legal
paternity. Being prepared for this life
impacting decision will not only reduce family tensions at a critical time but
will also help create emotional and financial security for this new life
through the participation of both parents.
DNA Services of America's local offices established
throughout the U.S.
personally handle DNA testing needs in an attentive and confidential
manner. Each office personally answers
client questions, coordinates the testing services, collects the DNA samples
using a non-invasive cotton-tipped swab, and releases test results to the
tested parties following appropriate chain-of-custody procedures to ensure
clients receive the highest level of discretion. DNA Services of America is a leading referral
source throughout the medical, legal, social service and private investigative
communities for people seeking the truth when it matters most®.