+ What is paternity establishment?

• Paternity means legal fatherhood. Paternity establishment is how a biological father becomes the legal father of his child if he and the mother are not married.
• For unmarried parents, paternity must be established before the father’s name can appear on the birth certificate.
• Paternity can be established any time before the child becomes 23 years old. Paternity can be determined even if the other parent lives in another state or a foreign country.
• 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 presumed to be the natural father of the child unless paternity is established for the biological father.

+ How can paternity be established?

For unmarried parents in Ohio, paternity can be established in one of three ways:

1. Completing and signing an Acknowledgment of Paternity Affidavit (JFS 07038): If both parties agree they are the biological parents of the child, the "Acknowledgment of Paternity Affidavit” can be completed. By signing the form, parents are establishing paternity for their child - meaning legally recognized fatherhood. Completing the form is voluntary, it’s free, and is the quickest way to establish paternity.

   Paternity affidavits can be completed in the hospital at the time of birth or afterwards at your local registrar (health department) or county child support enforcement agency (CSEA) . Either parent can also call the Ohio Central Paternity Registry (CPR) at 1-888-810-OHIO (6446) and request a blank copy of the form to be mailed to you.
   
   

2. Genetic testing, followed by an Administrative Order Establishment of Paternity (JFS 07774) at your local child support enforcement agency: Genetic testing may be conducted provided there is not a final determination of paternity, there is uncertainty as to the parentage of the child or if paternity is contested. The mother, alleged father(s) or the child or child’s guardian may request that the CSEA conduct genetic testing to determine the father of the child. The CSEA will then order all parties to submit to genetic testing and will issue an Administrative Order of Paternity based on the outcome of the genetic test. For a paternity order to be established, the test must show at least a 99% probability of fatherhood. If parties request genetic testing through the CSEA, the CSEA will schedule a support hearing to establish a support order for the child(ren) once paternity is established. If either party fails to submit to the test or fails to submit the child for genetic testing, the CSEA may request the court to find the party in contempt and determine the issue of paternity.

   If the mother lives in Ohio, please contact the CSEA in the mother's county of residence. If the mother lives outside of Ohio, you may contact the CSEA in the father's county of residence.
   
   

3. A court order of paternity: A court order of paternity may be established through juvenile court or domestic relations court (as part of a divorce).

+ What is the Ohio Central Paternity Registry?

• Federal regulations require each state to maintain a paternity registry for all children born out of wedlock. In Ohio, this registry is known as the Central Paternity Registry (CPR). The purpose of the registry is to collect and process all paternity documents initiated by the CSEAs, hospitals, department of health bureau of vital statistics and courts. The registry verifies that no other paternity document exists for a child, then extracts specific data elements from each document. This information is maintained in a single database (called the CPR database). Once the registry inputs the paternity documents in the database, the original paternity documents are forwarded to the Ohio Department of Health so the birth record can be updated with the father's name and stored permanently. Within a few days, the information is made available to the CSEA's to assist them in establishing support. The CPR in Ohio provides establishment outreach, education, training, guidance, assessment, and technical assistance to birthing hospitals, local health departments, child support enforcement offices, courts, community partners and unmarried parents. CPR also operates a call center (1-888-810-OHIO (6446)) that serves as a resource for parents, birthing facilities, registrars, courts, and CSEAs to receive responses to their questions regarding procedures or specific cases.

+ What are the benefits of establishing paternity?

• By having his name placed on the birth certificate, the father gains legal rights to his child. His child then has access to benefits such as Social Security, life insurance, military benefits, and inheritances.
• Your child will also have access to their father’s health insurance as well as both families’ medical histories and lineages.
• Allows both mother and father to develop an emotional bond with their child and share in the responsibilities and rewards of parenting.
• Establishing paternity is the first step in setting up a child support order.

+ What is an Acknowledgement of Paternity Affidavit Form?

• If unmarried, and both parties agree they are the biological parents of the child, the "Acknowledgment of Paternity Affidavit” can be completed. By signing the form, parents are establishing paternity for their child - meaning legally recognized fatherhood. Completing this form is voluntary, it’s free, and is the quickest way to establish paternity. Once completed, the Acknowledgement of Paternity Affidavit is used to add the biological father to the child’s birth certificate.

+ How can I get a blank Acknowledgment of Paternity Affidavit?

• At the hospital when your baby is born
• At your local registrar's office (also called vital statistics or the health department) after your baby is born
• At your county child support enforcement agency (CSEA) after your baby is born
• By calling the Ohio Central Paternity Registry (CPR) at 1-888-810-OHIO (6446) and requesting a copy be mailed to you.

+ Is the Acknowledgement of Paternity Affidavit the right option for me and my child?

Establishing paternity is an important decision. Completing the paternity affidavit form is the quickest and easiest way for unmarried parents to establish legal fatherhood and have the father’s name placed on the birth certificate. Establishing paternity gives you and your child the rights and opportunities you need and deserve.

• By having his name placed on the birth certificate, the father gains legal rights to his child. His child then has access to benefits such as Social Security, life insurance, military benefits, and inheritances.
• Your child will also have access to their father’s health insurance as well as both families’ medical histories and lineages.
• Just as importantly, establishing paternity allows both mother and father to develop an emotional bond with their child and share in the responsibilities and rewards of parenting.
• If you have any doubts about who the father of the child is, do not sign the Acknowledgment of Paternity Affidavit. You may want to get genetic testing completed before you decide.

+ Who should NOT complete the paternity affidavit?

• A married mother
• A mother divorced within 300 days of the child’s birth unless she obtained a final divorce decree stating the husband is not the father of the child
• A mother who is legally separated from her husband
• If there is any doubt about who the father of the child is

There are unique circumstances that may prevent an individual from using the affidavit to establish paternity. If you are unsure, contact your local CSEA.

+ What are the requirements to complete a paternity affidavit?

• Both parents must provide their full name, current address, date of birth, and Social Security Number (if they have one). The father must also provide his state or country of birth.
• Both the biological father and mother of the child must sign the affidavit. The affidavit may be signed by a parent without being in the other parent’s presence. Each parent's signature must be notarized or witnessed by two adult witnesses at the time of signing.
• Parents must provide a picture ID if signing in the presence of a notary; witnesses do not require a picture ID.
• Adult family members may be a witness. Neither parent may sign as a witness to the other parent’s signature.

Witnesses and notaries are provided free of charge at hospitals, local registrars/health departments, and CSEAs.

+ What are the guidelines regarding the type of identification that is acceptable for a paternity affidavit witnessed by a notary?

• If signing the affidavit in the presence of a notary, each parent must show a valid, government-issued photo ID. (If parents sign in the presence of witnesses, a picture ID is not required.) Accepted forms of ID include:

  • Driver’s license
  • State ID card (available at the Department of Motor Vehicles offices for a small fee)
  • Passport or other government-issued, valid identification from country of origin (must be listed in the International ID Checking Guide to be accepted if it is from another country)

+ Once the affidavit is completed, signed, and notarized or witnessed by both parties, what should I do with it?

• The affidavit must be sent to the Ohio 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 10 days of the last signature.

  If completing the affidavit at that hospital, department of health/vital statistics, or at the county child support enforcement agency, the staff will mail the form for you.

+ When does the affidavit become final?

• The affidavit is final 60 days after the date of the last signature, as long as the affidavit is properly signed, notarized or witnessed and filed with the CPR. Signers can request that the affidavit be rescinded only during that 60-day period.

+ How much does it cost to complete the paternity affidavit?

• There is no charge to complete an Acknowledgment of Paternity Affidavit.

+ What happens if both the mother and father do not sign the paternity affidavit?

• At the hospital, unmarried parents may complete and sign the affidavit to establish paternity for their child. 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 parents, if either one chooses not to, paternity cannot be established by this method. However, the parents may choose to establish paternity later by applying for services through their county child support enforcement agency (CSEA). To request the assistance of the CSEA in establishing paternity, you need to complete and submit a form called “Application for Child Support Services, Non-Public Assistance Applicant (JFS 07076).” This form is also available at your county CSEA. The CSEA may already have you on file, depending upon whether you are already registered for certain child support services or if you are receiving services through the Office of Family Assistance or Protective Services. Simply contact your county's CSEA and let them know you wish to begin child support services. If the mother lives in Ohio, please contact the CSEA in the mother's county of residence. If the mother lives outside of Ohio, you may contact the CSEA in the father's county of residence.

To find the CSEA in your county, call 1-800-686-1556 or use the online ODJFS County Directory. Each of the state's 88 counties has a CSEA, staffed by people who are well-versed in Ohio laws, practices and who can answer your questions and explain your rights.

+ What happens if the child's alleged father or mother did not sign the paternity affidavit and refuses to submit to genetic testing?

• If either party fails to submit to the test or fails to submit the child for genetic testing, the CSEA may request the court to find the party in contempt and determine the issue of paternity.

+ Do both parents have to sign the affidavit in each other’s presence?

• No. Although both parents are required to sign the affidavit, it may be signed without being in each other’s presence. However, each parent’s signature must be notarized or witnessed at the time of signing. After both parents have signed and notarized/witnessed, the affidavit can be sent 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 10 days of the last signature.

+ Can non-U.S. citizens sign the paternity affidavit?

• Yes, as long as the child was born in Ohio, or one or both of the parents live in Ohio. Regardless of a parent’s citizenship, they can establish paternity for their child, who is a U.S. citizen as long as all required documentation and proper identification is provided. This form is not used to track non-U.S. citizens.

+ How does signing the paternity affidavit affect custody and visitation?

• Paternity establishment and custody are two separate issues. 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. Once paternity is established, the father may seek visitation or custody rights through the court system.

+ Will the father be required to pay child support if he signs the paternity affidavit?

• It depends. Both parents have a responsibility to support their child. In most cases, it will be up to the guardian of the child to request support. However, if you are receiving certain benefits, a father may be required to pay child support. If you have specific questions about your situation, please contact your local child support enforcement agency.

+ Can minor parents sign a paternity affidavit?

• Yes, minor parents can sign an Acknowledgment of Paternity Affidavit form. There are no additional requirements for minor parents.

+ What if parents change their minds about signing the paternity affidavit later?

• Either parent 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 (CSEA) where the child or guardian or legal custodian of the child resides can assist with this process. The process 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.

• After the 60-day period, either party may bring a court action to rescind within 1 year after it has become final. A man presumed to be the father of the child under Ohio law who did not sign the affidavit, either person who signed the affidavit, or a guardian or legal custodian of the child may bring an action to rescind the affidavit based on fraud, duress, or material mistake of fact.

• After 1 year past the date of signing the affidavit, a person may file a motion for relief from the final acknowledgment of paternity in a court action under Ohio Revised Code sections 3119.96 through 3119.967.

+ What happens if the affidavit is not completed correctly?

• If the affidavit is not completed correctly, or is not signed and notarized or witnessed, the CPR will determine that the affidavit is invalid and will return it back to one of the parents. A new affidavit needs to be completed by the parents and resubmitted.

+ What can I do if I completed the Acknowledgment of Paternity Affidavit but now believe I am not the child's father?

• When a mother and father sign an Acknowledgment of Paternity Affidavit, either person may request that the affidavit be rescinded (withdrawn) by contacting the CSEA within 60 days of the date of the last signature on the affidavit. Either person can complete the "Request for Paternity Determination and Notification to Central Paternity Registry" (JFS 07029) at the CSEA. The CSEA will send this notice to the CPR and request genetic testing to establish paternity. The CPR will forward the notice to the Ohio Department of Health (ODH) and the birth record will be put on hold until paternity is established. Once genetic testing is complete and the CSEA issues an administrative order determining paternity, the child’s birth record will be updated by ODH.

+ What if the child's father denies he is the father, or says he's not sure?

• Either parent can ask the child support enforcement agency (CSEA) to conduct genetic testing. The Acknowledgement of Paternity Affidavit form should not be used unless both parents are certain that the man listed on the form is the biological father.

+ What is genetic testing?

• A genetic test, also called a DNA test, can determine if the alleged father is the biological father. The test is 99.9% accurate in determining the probability that a man is the biological father.

+ What happens if I am not sure who the father is?

• The child support enforcement agency will pursue the male that you provide the most information on first so that he can either be identified as the father or excluded through genetic testing.

+ How is genetic testing done?

• The genetic, or DNA test, is administered by collecting samples, which are sent to a laboratory to compare the details from the child’s sample with similar traits in the man’s and mother’s sample. In most cases, a buccal swab of the cheek is taken from the mother, child, and alleged father.

+ What will the genetic test show?

• The test will show with 99.9% certainty that a man is or is not the biological father of the child.

+ Is the test painful?

• Not at all. In most cases, a buccal swab of the cheek is taken from the mother, child, and alleged father. The swab consists of a gentle swab of the inside of each cheek and takes less than a minute.

+ How old does my child need to be to have genetic testing?

• Genetic testing can be performed on children as young as newborns by utilizing a buccal swab test. The swab consists of a gentle swab of the inside of each cheek and takes less than a minute.

+ If the genetic test shows there is a 99% probability that a man is the biological father, can the man be the father without going to the court?

• No, genetic testing alone does not establish legal fatherhood. An administrative or court order based on genetic testing results can establish legal fatherhood.

+ Who is responsible for the fee of the genetic test?

• When genetic testing hasn't been previously performed and is ordered by the child support enforcement agency (CSEA), it is paid for by the CSEA. When the court orders genetic testing, the court may order the person that requested the genetic testing to pay for it. However, parents receiving services through the Office of Family Assistance or Protective Services or found to be indigent may not be ordered to pay for genetic testing. The cost for these tests is relatively inexpensive. You should discuss this with the CSEA.

+ Where can I request genetic testing?

• Genetic testing may be obtained through the county child support enforcement agency (CSEA). 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. To find the CSEA in your county, call 1-800-686-1556 or use the online ODJFS County Directory.

+ A parent is out of state. How can I get genetic testing?

• A party may contact the child support enforcement agency (CSEA) in his/her county for assistance in obtaining genetic testing when a parent lives out of state. To find the CSEA in your county, call 1-800-686-1556 or use the online ODJFS County Directory.

+ How do I obtain a birth certificate? How much does a birth certificate cost?

• Birth certificates can be ordered through the Bureau of Vital Statistics via online, by mail, or in person. Click here for ordering and cost details.

+ We want to change the child's last name. How can we do that?

The process depends on if paternity has already been established and how. Paternity must be established prior to changing the child’s last name.

If paternity has not been established and unmarried parents now want to establish paternity:

1. Completing and signing an Acknowledgment of Paternity Affidavit (JFS 07038): If both parties agree they are the biological parents of the child, the "Acknowledgment of Paternity Affidavit” can be completed. At this time, they may change the child's last 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."

2. Genetic testing, followed by an Administrative Order Establishment of Paternity (JFS 07774) at your local child support enforcement agency (CSEA): If both parents want to change the last name of the child on the birth certificate and the CSEA ordered the genetic testing, both parties must agree to change the last name by completing the “Addendum to the Administrative Order to Modify the Birth Record”(JFS 04070) at the time of genetic testing and prior to the results being issued. The CSEA will include this as an addendum to the JFS 07774 and notify the Central Paternity Registry (CPR) that the last name of the child needs to be changed on the birth certificate. CPR will notify the Ohio Department of Health (ODH) of the child's new last name and ODH will change the birth certificate. The CSEA can only do this when both parents agree to change the child's last name, and the CSEA is not authorized to make any changes to the child's first name or middle name.

If the parents have already established paternity, they need to do the following:

1. 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.
2. 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 CPR, along with an original copy (wet signature or certified) of the corresponding order.

+ How do I change the name of the father on the child’s birth certificate?

The process depends on if paternity has already been established and how. Paternity must be established prior to changing the father’s name on the birth certificate.

• If the name of the father needs to be changed on the birth certificate because the court determined paternity or for another reason, you will need to seek legal advice on how to get the birth certificate changed. The CSEA is not authorized to help you in these situations.

If paternity has not been established and unmarried parents now want to establish paternity:

1. Completing and signing an Acknowledgment of Paternity Affidavit (JFS 07038): If both parties agree they are the biological parents of the child, the "Acknowledgment of Paternity Affidavit” can be completed. Once the order becomes final and enforceable, the Central Paternity Registry (CPR) will notify the Ohio Department of Health (ODH) and ODH will change the birth certificate.

2. Genetic testing, followed by an Administrative Order Establishment of Paternity (JFS 07774) at your local child support enforcement agency (CSEA): If the CSEA ordered the genetic testing, the CSEA will notify the Central Paternity Registry (CPR). CPR will notify the Ohio Department of Health (ODH) and ODH will change the birth certificate.

+ How long should someone wait to order a new birth certificate after a name change on the birth record?

• It can take 30 days after the documentation has been submitted for the birth certificate to be updated. After 30 days, parents can contact the Ohio Department of Health customer service line at 614-466-2531 to check the status of the record and place an order if the record has been updated.

+ How do I order a new birth certificate with the correct name on it?

• Birth certificates can be ordered through the Bureau of Vital Statistics online, by mail, or in-person. Click here for ordering and cost details.

+ The CSEA established paternity through genetic testing and issued an administrative order, but the father’s name is not listed on the birth certificate. How do I get the father’s name on the birth certificate?

• Contact the CSEA. If the administrative order was issued after April 2014, the CSEA will be able to submit the order to get the birth record updated. If the order was issued prior to this date, the CSEA will have to initiate an action through the local court to have the father’s name added to the birth record. To find the CSEA in your county, call 1-800-686-1556 or use the online ODJFS County Directory.

+ 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 at no cost through the child support enforcement agency (CSEA).

To request the assistance of the CSEA in establishing paternity, you need to complete and submit a form called "Application for Child Support Services, Non-Public Assistance Applicant” (JFS 07076). Simply contact your county's CSEA and let them know you wish to begin child support services by establishing paternity through genetic testing.

+ The father is deceased. How can I prove that he is the father?

• You may contact your local child support enforcement agency (CSEA) to see if they can assist you. You may need to pursue the matter through court. To find the CSEA in your county, call 1-800-686-1556 or use the online ODJFS County Directory.

+ 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 person I believe to be the father is here and he wants to be on the birth certificate.

• In Ohio, if a woman is married at the time of the birth or at any time during the 300 days prior to birth, the husband is presumed to be the legal father of the child. The hospital may not put a different father’s name on the birth certificate.

The alleged father has the right to contact their county child support enforcement agency (CSEA) to request genetic testing. To find the CSEA in your county, call 1-800-686-1556 or use the online ODJFS County Directory.

+ What if I believe that I am the biological father of a child born in wedlock and I am not the husband?

• You may contact your local child support enforcement agency (CSEA) to see if they can assist you with genetic testing. To find the CSEA in your county, call 1-800-686-1556 or use the online ODJFS County Directory.

• You may also want to consider registering with the Ohio Putative Father Registry (OPFR). The OPFR is a computerized database maintained by the Ohio Department of Job and Family Services. The OPFR allows a male to register if he believes he may have fathered a child and wants to be notified if the child is placed for adoption. The OPFR is routinely searched as part of the process to determine whether a child can be legally adopted. If a child is placed for adoption and a putative father is listed in the registry, the putative father will be notified via mail with the information of the agency that is attempting to move forward with the adoption. The putative father may seek legal counsel regarding his parental rights. The OPFR also helps interested parties identify if a potential putative father exists by submitting a request for a search to be conducted of the registry.

+ I am married but I know my husband is not the father of my child. What should I do?

• When a mother is married, the husband is presumed to be the natural father of the child. The mother, presumed father, or alleged father may request paternity at the CSEA. All parties will be tested and the CSEA will issue either a “CSEA Administrative Order Establishment of Paternity” (JFS 07774) or a “CSEA Administrative Order Non-existence of Father and Child Relationship" (JFS 07771) for each possible father that was tested.

+ The father or mother is incarcerated. Can paternity still be established?

• The parent who is not incarcerated can complete their portion of the Acknowledgment of Paternity Affidavit and send it to the other parent, if the incarcerated parent has a way to have the affidavit notarized or witnessed while in custody. Once the affidavit is notarized or witnessed, it can then be mailed back to the other parent or directly to the CPR.

• If genetic testing is desired to establish paternity, either person can complete the "Application for Child Support Services, Non-Public Assistance Applicant” (JFS 07076) and request the CSEA to establish paternity. Genetic testing will be completed by a contracted lab for the person who is incarcerated.