Frequently Asked Questions
Acknowledgment of Paternity Affidavit
Where can I go to fill out an Affidavit?
The father is out of state and won't be able to sign the
Affidavit with me. Can I send it to him?
What happens if the father does not sign the Affidavit?
What if I change my mind after I sign the Affidavit?
Can the parents complete an Affidavit if neither one is
a U.S. citizen?
If the parents sign the Affidavit, does the father have
the right to take the child away from the mother?
If the parents sign the Affidavit, will the Child
Support Enforcement Agency start to collect support?
How do I get proof we signed an Affidavit until the new
birth certificate is ready?
The father of my child is a under age 18. Can he sign the Affidavit?
Genetic Testing
How do I get genetic testing?
How much does genetic testing cost?
We're not sure if he's the father, but he wants to be on the birth
certificate. What should we do?
How old does my child need to be to have genetic testing?
The father is out of state. How can we get genetic testing?
Special Situations
The father is taking care of the child but has not been legally
established as the father. The mother is not available to sign an
Acknowledgment of Paternity Affidavit. How can he establish paternity?
The father is deceased. How can I prove that he is the father?
I'm getting a divorce. My husband is not the father of my child, so why
is the hospital telling me I have to put his name on the birth
certificate? The real father is here and he wants to be on the birth
certificate.
We want to change the child's name. How can we do that?
Acknowledgment of Paternity Affidavit
Where can I go to fill out an Affidavit?
At the time of birth, the parents may complete the Affidavit at the
hospital. Afterwards, the Affidavit can be completed at the health
department or the CSEA. Click here for the phone number and address of
the health department(s) and CSEA in your county.
The father is out of state and won't be able
to sign the Affidavit with me. Can I send it to him?
Yes. After he completes his section and gets his signature notarized,
he can send the Affidavit directly to the Central Paternity Registry.
The mailing address appears on the Affidavit under the "Notice of
Rights and Responsibilities and Due Process Safeguards". Affidavits
must be sent within ten days of the last signature.
What happens if the father does not sign the
Affidavit?
At the hospital, both parents may complete and sign the Affidavit to
establish paternity for a child born to an unmarried mother. If both
parents do not sign the Affidavit, the father's name will not go on the
birth certificate and the child has no legal father at that time. Since
the Affidavit must be signed by both biological parents, if either one
chooses not to, paternity cannot be established by this method. However,
the parents may choose to establish paternity at a later time.
What if I change my mind after I sign the
Affidavit?
Either person who signed the Acknowledgment of
Paternity Affidavit may bring an action to rescind it within 60 days of
the last signature on the Affidavit. The Child Support Enforcement Agency
where the child or the guardian or legal custodian of the child resides can assist with this
process. It involves filling out a rescission form, signing up for genetic
testing, and completing genetic testing. The CSEA will issue an
order of paternity based on the results of the
genetic tests.
After the 60 day period, the only way to rescind the Affidavit is to
bring a court action to rescind within one year after it has become final.
A man presumed to be the father of the child under Ohio law who did not
sign the acknowledgment, either person who signed the acknowledgment, or a
guardian or legal custodian of the child may bring an action to rescind
the affidavit on the basis of fraud, duress, or material mistake of fact.
Can the parents complete an Affidavit if
neither one is a U.S. citizen?
Yes, as long as the child was born in Ohio, or one or both of the parents live in Ohio.
If the parents sign the Affidavit, does the
father have the right to take the child away from the mother?
Under Ohio Revised Code, if a child is born to an unmarried mother,
the mother is the sole residential parent and legal guardian of the
child unless a court order is issued. After the parents establish
paternity, the father may petition the court for visitation or for
custody.
If the parents sign the Affidavit, will
the Child Support Enforcement Agency start to collect support?
Both parents have a duty to provide for their child. If either
parent requests a child support order, or if the custodial parent is on
certain types of public assistance, a child support order will be
created.
How do I get proof we signed an Affidavit
until the new birth certificate is ready?
You may obtain a certified copy of an Affidavit. The Ohio Department
of Health/Vital Statistics Office issues the certified copies. Click
here for directions on obtaining a certified copy.
The father of my child is a under age 18. Can he sign the
Affidavit?
Yes. Minor parents can sign the Acknowledgment of Paternity
Affidavit. Before paternity Affidavits were utilized, minors were
allowed to sign birth certificates.
Genetic Testing
How do I get genetic testing?
Unmarried parents may obtain genetic testing through the local Child
Support Enforcement Agency (CSEA). Parents should request the testing in
the mother's county of residence. Click here to
locate the CSEA for the
mother's county. After getting the results of the genetic tests, the
CSEA will issue an order of establishment or non-establishment of
paternity. The CSEA can also submit paperwork to change the child's
birth certificate accordingly.
How much does genetic testing cost?
When the Child Support Enforcement Agency (CSEA) is establishing
paternity, the genetic material (blood or cheek cells) is generally
collected at the CSEA. The CSEA pays for the test initially, but may
request that the father reimburses the CSEA for the test later on. The
cost for these tests is relatively inexpensive. You should discuss this
with the CSEA.
We're not sure if he's the father, but he wants to be on the
birth certificate. What should we do?
If either parent is unsure if a man is the father of the child, they
should consider pursuing genetic testing. The Affidavit should not be used unless
both parents are certain that the man is the biological father.
How old does my child need to be to have genetic testing?
Genetic testing can be performed on newborns. All of Ohio's CSEAs can
perform buccal swab testing, which takes a sample from the inside of the
cheek instead of a blood sample.
The father is out of state. How can we get genetic testing?
The mother may contact the CSEA in her county for assistance in
obtaining genetic testing when the father lives out of state.
Special Situations
The father is taking care of the child but has not been legally
established as the father. The mother is not available to sign an
Acknowledgment of Paternity Affidavit. How can he establish paternity?
The Affidavit is a voluntary form to be completed by both biological
parents. If either parent is unavailable or unwilling to sign the
Affidavit, the other parent may pursue paternity establishment through
genetic testing at the Child Support Enforcement Agency (CSEA) or
through court.
The father is deceased. How can I prove that he is the father?
You may contact your local CSEA to see if they can assist you. You
may need to pursue the matter through court. Click here to locate the
CSEA for your county.
I'm getting a divorce. My husband is not the father of my
child, so why is the hospital telling me I have to put his name on the
birth certificate? The real father is here and he wants to be on the
birth certificate.
In Ohio, if a woman is married at the time of birth or at any time
during the 300 days prior to birth, the husband is considered to be the
legal father of the child. The hospital may not put the
"real"/biological father's name on the birth certificate.
However, if the mother got divorced during her pregnancy, and the
divorce decree states that the husband is not the father of the child,
the mother should provide the hospital with a copy of the finalized
divorce decree at the time of her child's birth. The
mother and the biological father may then complete an Acknowledgment of
Paternity Affidavit at the hospital if they wish.
We want to change the child's name. How can we do that?
If the parents are establishing paternity using the Acknowledgment of
Paternity Affidavit, they may change the child's name on the Affidavit.
The child's original name should be filled in on the first line of the
Affidavit, and "Yes" should be checked next to the question "If a birth
certificate for the child has already been filed, do you now wish to
change the child's name?" The child's new name should be entered where
it asks "If "YES", give the child's new
name." (Please note: This form can only be used if the parents have
not already established paternity through any method.)
If the parents have already established paternity, they need to do
the following:
If parents already completed a paternity Affidavit and now wish to
change the child's name, they may go to probate court to pursue a
legal name change. If parents established paternity through the CSEA using genetic testing,
they may return to the CSEA and ask their caseworker to complete and sign an
Administrative Order to Modify the Birth Record form (JFS 07723), which should
be sent to the Central Paternity Registry. If parents established paternity through the courts, they may
return to the court and ask for a completed and signed Determination
of Paternity (HEA 3029) to be sent to the Central Paternity Registry.
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