To get on the birth certificate as an unwed father in Oklahoma might seem like a no-brainer to most parents, but it can present hard challenges for some fathers. In Oklahoma, establishing paternity and getting a father’s name on the birth certificate when the mother is not married to the father involves a few legal steps. Recognizing paternity is essential for a father to establish his legal rights, responsibilities, and benefits for his child. Without acknowledging paternity, you can be left in a bind where you have no legal right to see your own children. Here are some steps and advice for fathers to get on the Birth Certificate if they get their girlfriend pregnant.
Understanding Paternity
In Oklahoma, paternity is the legal recognition of an unwed father a child. When a child is from married parents, the husband is automatically presumed to be the father. However, for unmarried couples, paternity must be established legally for the father’s name to be put on the birth certificate. For some parents this is an easy decision to make together. Unfortunately, there are times when the parents of the child are not in agreement on paternity. In these cases, one parent will have to file a paternity action against the other to seek the courts decision on the matter. When this happens, it’s imperative to seek the expertise of a well versed family law attorney to help you.
Getting On The Birth Certificate In Oklahoma
There are two primary ways to get on the birth certificate if you are an unwed father. The first is the Acknowledgement of Paternity (AOP) process. It’s important to know that this step must have the consent of both parents for it to happen. The second is a more daunting process, which is through the court system. Below is a breakdown of some of the things you will have to go through for these two processes.
Acknowledgment of Paternity (AOP)
- At the Hospital: At the time of birth, both parents can sign an Acknowledgment of Paternity affidavit at the hospital. This is the simplest path to establishing paternity. Hospital staff can help guide parents through this process. Most hospitals have notaries on staff to aid in this process to help simplify things for your family.
- After Leaving the Hospital: If the AOP is not completed at the hospital, parents can fill out the form later. This can be done at a local county health department or the Oklahoma State Department of Health’s Office of Vital Records. The form must be signed voluntarily by both parents and notarized.
- Vital Records Amendment: Once the AOP is processed, the father’s name can be added to the birth certificate. There may be a fee to amend the birth certificate and for additional copies.
- Irrevocability: Once signed and filed, the affidavit is very difficult to reverse. There is a limited period during which you can rescind the affidavit. After which, paternity can only be contested in court under certain conditions.
Court-Ordered Paternity in Oklahoma
If there is a dispute about the child’s paternity, or if the mother is unwilling to sign the AOP, the father may need to seek a court order to establish paternity. There are many wrong ways to go about this process, but below are some of the proper motions to establishing paternity:
- Paternity Suit: Either parent can file a paternity action in an Oklahoma district court. Legal assistance from an experienced family law attorney is highly recommended to navigate this process. Without hiring an attorney, you can experience setbacks you wouldn’t normally see when having a proper legal counsel there to file the correct paperwork or aid you in negotiating a custody agreement.
- DNA Testing: The court may order DNA testing to determine paternity. DNA tests are highly accurate and can conclusively establish whether the man is the biological father. With DNA testing, having that irrefutable proof of paternal rights will help you to forever assert your claims to custody and visitation.
- Court Order: If paternity is established through the court, the judge will issue an order or decree acknowledging the man as the legal and rightful father. This order can then be used to amend the birth certificate, and establish joint custody, sole custody or visitation schedules.
Problems From Not Getting On Birth Certificate
Not being on the birth certificate can have significant legal, emotional, and practical consequences. This can be for the father, the child, and their relationship. This is especially true in Oklahoma where specific laws govern paternity issues. Here are some of the setbacks or difficulties an unwed father might face if he does not establish paternity:
- Legal Complications: Without legal paternity, a man is not recognized as the legal father of the child. This affects his rights and the child’s rights in numerous ways, including seeing the child. This means he may not have a say in the child’s upbringing, living arrangements, education, or health care decisions. This is especially true if the mother is uncooperative or if another man has been presumed or established as the child’s legal father.
- Child Support and Inheritance: While not establishing paternity can initially seem to avoid child support obligations, it can also complicate matters. This is especially if the father later wants to be involved in the child’s life. Additionally, the child may not be eligible to receive inheritance from the father’s estate or benefits. They can be barred from life insurance, social security benefits, or veteran’s benefits from lack of a legal paternity acknowledgment.
- Emotional and Social Impact: The absence of a legal relationship can hinder the development of a father-child bond. It may also affect the child’s emotional and social well-being, as children often benefit from the involvement of both parents in their lives. This can mean lack of answers about their heritage, and feelings of abandonment, and isolation. These can affect their emotional development and self-esteem.
- Health History Information: Without established paternity, it may be more challenging to obtain medical history from the father’s side. This information can be crucial for diagnosing and treating genetic or hereditary conditions.
Rights and Responsibilities
Establishing paternity is the first step to get on the birth certificate as an unwed father. Paternity cases grant a father legal rights to his child, including custody and visitation rights. It also bestows responsibilities such as child support obligations. Additionally, it allows the child to access benefits like inheritance rights, medical histories, and insurance coverage from the father. These rights and responsibilities are crucial to both the parents and the child in these matters. Without your rights, you can deprive yourself of a lasting and fulfilling parent child relationship.
Tulsa Paternity Attorneys Fighting For You
Establishing paternity is how you get on the birth certificate if you are an unwed father. This is a critical step in securing the legal bond between a father and his child in Oklahoma. Whether through the voluntary Acknowledgment of Paternity process or through a court order, it’s important for fathers to understand their rights and responsibilities. Legal counsel can provide guidance through this process, ensuring the best interests of the child and the parents. Our Tulsa paternity Attorneys have the experience you need to help you get on the birth certificate. Get the help of a family law attorney at Tulsa Divorce Attorneys and Associates today. Call 539-302-0303 for your free consultation.