Presentation Transcript

1. Understanding Paternity Establishment

   Excellence in Birth Registration Conference May 1, 2014 Sara Lauthen, MN Dept. of Human Services
2. Overview Agency Partnerships and Roles Paternity Establishment Recognition of Parentage (ROP) Impacts of Same-Sex Marriage
3. Partnerships and Roles Department of Human Services (DHS), Child Support Enforcement Division Department of Health (MDH) Counties Hospitals
4. Role of Hospitals Identify unmarried parents Present ROP information to both parents Provide an oral notice to parents—play the video or read the form Assure form is completed properly Provide a notary public
5. We Depend on YOU Families, programs and services depend on you to: Record information correctly. Collect data that is accurate and reliable. Enter data and complete tasks with efficiency. Work with us to get things right. Follow up when needed. Help them connect to other resources and services.
6. The Numbers Hospitals administered 93% of the ROP forms filed last year. 68% of unmarried parents sign at the hospital. 15,254 ROPs completed at hospitals in 2013. Minnesota’s child support program is a national leader because of our high paternity establishment rate.
7. How is Paternity Established? When mother is married at the time of birth Court Order Recognition of Parentage
8. Why Establish Paternity? Gives a child born outside of marriage a legal father and the same legal rights as a child born to married parents Creates the legal relationship between a father and his child when the father is not married to the child’s mother.
9. Paternity Presumptions Based on Marriage For married parents, the law automatically recognizes the husband as a legal father. For separated parents, the law presumes the husband is the legal father. For divorced parents, the law presumes that the ex-husband is the legal father of a child born within 280 days of the divorce.
10. Same Sex Marriage and Presumptions The spouse of a married mother who has given birth during the marriage is presumed to be the parent of the child. The married mother’s spouse will be entered on the birth record. This has implications on the current process of recognizing paternity and parents signing a non-paternity statement.
11. Scenario Same sex female married couple, one spouse gives birth at the hospital. The female non-birth spouse is presumed to be the parent of the child. All parties agree the biological father should be acknowledged as the father. What should be done?
12. Answer Birth mother and biological father sign ROP Non-birth female spouse signs “Non-paternity Statement” form.
13. Marital Status A mother’s marital status at the time of her child’s birth is key No documentation is required No verification is done A mother’s marital status determines whether a spouse’s name is on a child’s birth record.
14. Recognition of Parentage Is Minnesota’s voluntarypaternity establishment process The law requires hospitals to inform unmarried parents and offer the form to sign at the time of their child’s birth The law requires parents to have written and oral information of their rights, responsibilities, and alternatives
15. Recognition of Parentage is a legal form is 4 pages long is intended for biological fathers does not require genetic tests can be filed for a child of any age can be signed by parents of any age must be signed by both parents must be notarized is valid only when filed with MDH is an alternative to going to court is free of charge
16. Effects of Recognition of Parentage Parents who sign a ROP: Give up the right to genetic testing Give up the right to a trial and testifying Establish paternity faster Establish paternity without expense Can establish paternity at the hospital at birth. The ROP does not: Does not address custody and parenting time—need a court order Does not order child support.
17. Husband’s Non-paternity Statement A form for situations when a husband is not the biological father of his wife’s child. A husband must sign within one year of a child’s birth Must be notarized Must be filed with MDH No expense VALID ONLY WHEN: The biological father and the mother sign the ROP The ROP is filed with MDH
18. Parent Information ROP Materials For Parents: HANDBOOK Being a Legal Father (DHS 3159A) VIDEO Power of Two video (VHS and DVD) FORM Recognition of Parentage (DHS 3159).
19. Signing ROPs Notary public: Provide service at the hospital Collect proper ID from parents Verify that form is completed Witness parent signatures Stamp, sign, and date both parent signatures.
20. Tips Use a black ink pen to finish completing forms Give each parent a copy of all 4 pages for their records Fax ROPs and HNPS forms “top first” Set your fax to MDH recommendations Keep the original ROP or HNPS after faxing until you verify its status as “filed.” Check the status in the MR&C—record may be replaced.
21. Tips Carefully fill-in date Sign and stamp each parents’ signature. Notarize only the originals. Check the hospital box, write in name.
22. Undoing the Forms Parents should sign intending “forever” Deadlines exist to “undo” the form: Either parent may file an action to vacate the ROP within one year of signing. Either parent may file an action to vacate the ROP within six months of obtaining genetic testing results indicating the man who executed the ROP is not the father.
23. Help Department of Human Services Child Support Help Desk 651-431-4400, option 5 Monday-Friday, 8-4:30
24. Questions?