APPENDIX A  ACKNOWLEDGMENT OF PATERNITY AFFIDAVIT (HWHP001)

Overview

Families must cooperate with Child Support Services as a condition of eligibility for:

• Food Stamps.

• TAFI.

• Medicaid. (Medical support only, not cash support.)

Child support helps families become self-reliant. Families must agree to cooperate with Child Support Services to:

• Establish paternity.

• Obtain support. (For health coverage, medical support only, not cash support.)

Check if paternity is established when parents apply for:

• Food Stamps.

• TAFI

• Medicaid. (Medical support only, not cash support.)

If paternity is not established, the mother and father may establish paternity quickly and inexpensively by signing an Acknowledgment of Paternity (HWHP001). When notarized and filed with Idaho Vital Statistics the signed Acknowledgment legally establishes paternity. The parents must be sure:

• The man IS the father of the child.

• The parents were not married to each other during any part of the pregnancy.

• The mother was not married to another man during any part of the pregnancy

Take a few minutes with the parents and explain that the man is not the legal father of the child if the parents were not married:

• When they conceived the child, or

• During the pregnancy.  

The legal bond is important for:

• A child’s sense of identity.

• Relationship with the father and the father’s family.

• Knowledge of family medical history.

• Benefits if the father dies or is disabled including rights of inheritance.

• Financial support and medical support from the father.

Point out the rights and responsibilities of establishing paternity listed on the back of the Acknowledgment. Parents must be given notice of their rights and responsibilities verbally and in writing before they sign the Acknowledgment. Videos that fill this requirement are available at Self Reliance field offices.

Explain if they choose to sign the Acknowledgment, either parent may rescind (take back) the Acknowledgment. The rescission must be filed with Vital Statistics and costs $10. If they choose to rescind, they must file the rescission with Vital Stats within 60 days after they sign.  Otherwise, the acknowledgement becomes permanent.

If they rescind the Acknowledgment:

• The child’s paternity is not established and can only be established by a court order.

• The man is not the legal father. His name is still listed on the child’s birth certificate. His name can only be taken off the birth certificate by court order.

Vital Statistics will not release the birth certificate until paternity is resolved by a court. If paternity is not established before the child enters school, lack of access to the birth certificate may be a problem for the parent.

If parents sign the Acknowledgment:

• Be sure the parents complete the Acknowledgment correctly.

• The parents must complete the Acknowledgment in ink.

• They must list the mother’s and child’s names exactly as they appear on the child’s birth certificate including a full middle name.

• If they make a mistake, use a new Acknowledgment.

• Do not use correction fluid or tape to correct errors. These may come off over time.

• A Notary Public must witness each parent’s signature.

• Copy the front and back of the Acknowledgment.

• File the copy in case record in Section I.

• Send the original to the CSS case manager. The CSS case manager will make a copy for CSS records and send the original to Idaho Vital Statistics. Vital Statistics does not charge CSS a fee for filing Acknowledgments. Write "CSS" in the bottom corner to avoid the $10 fee.

If the acknowledgment is for an unborn child, make a copy of the original for the case record. Instruct the participant to take the original to the hospital and complete it after the child’s birth.

If the parents live together and sign an Acknowledgment:

• Attach a cover sheet (HW0428).

• Ask CSS to file the Acknowledgment with Idaho Vital Statistics.

• Tell CSS a case does not exist.

• Send a referral to CSS marked "Paternity Only" unless the parents request CSS services.

If an Acknowledgment is already signed (Acknowledgment signed after July 1, 1996):

• If 60 days has passed, paternity is legally established.

• If 60 days has not passed, wait until 60 days is up. Check to make sure the parents did not rescind the Acknowledgment.  

Acknowledgment signed before July 1, 1996:

• The Acknowledgment is not "conclusive." Paternity still needs to be established. Parents may sign another Acknowledgment. Since it is after July 1, 1996, it will be legally conclusive.

• CSS may pursue paternity using the original Acknowledgment as evidence.

If the parents will not sign the Acknowledgment:

• If the parents do not live together, refer the case to CSS for full services.

• If the parents live together, refer the case to CSS for paternity establishment services only. The parent can request full services.

Other Options to Establish Paternity:

The only other option to establishing paternity is getting a court order. These are the man’s options:

• Sign a stipulation with the CSS attorney that he is the father and avoid being charged attorney fees.

• Ignore the CSS complaint and a default order will be entered if the parents are not minors.

• Answer the CSS complaint and have a court hearing.  

If Either Parent is Not Sure the Man is the Father:

• Genetic testing is available through CSS.

• Genetic testing alone does not establish paternity, but testing may be done before the Acknowledgment is signed or before a court paternity hearing.

SPECIAL SITUATIONS

1. The mother was married during any part of her pregnancy and her husband is not the biological father.

• The mother, husband/ex-husband, and biological father may choose to sign the Acknowledgment (HWHP001).

• This makes the biological father the legal father.

• The biological father’s name goes on the child’s birth certificate.

• Let the CSS case manager know the case includes a legal and a biological father.

• The mother, the biological father and the legal father must all sign the Acknowledgment or it is not valid.

2. The man signing the Acknowledgment is not or may not be the biological father. You must accept the Acknowledgment.

If you suspect the man is not the biological father of the child:

• Review the rights and responsibilities listed on the back of the Acknowledgment with the parents.
• Emphasize that knowingly submitting false information to Idaho Vital Statistics is a felony.
• Narrate your actions and concerns.

3. The child was not born in Idaho:

• File the Acknowledgment of Paternity Acknowledgment in the state where the child was born.

• Contact the Center of Vital Statistics in that state for instructions.  

FREQUENTLY ASKED QUESTIONS

Can minors sign the Acknowledgment?

Yes, minors can sign the Acknowledgment.

Can parents sign an Acknowledgment BEFORE their child is born?

Yes, parents can sign an Acknowledgment before their child is born.

• They may complete the Acknowledgment, leaving the spaces for the child’s first and middle name blank.

• They must list the child’s surname in both the mother’s and father’s sections.

• A Notary Public must witness each signature.

• Tell the mother to take the Acknowledgment to the hospital when she delivers the baby.

How do parents obtain a certified copy of the Acknowledgment?

• They may get a copy of the Acknowledgment and the birth certificate at Idaho Vital Statistics.

• There is a $10 fee.

• The parents must request a certified copy of the Acknowledgment.

• Vital Statistics provides a certified copy of the Acknowledgment with the birth certificate only if the parents request it.

What if the parents rescind an Acknowledgment?

Contact the CSS case manager immediately if the parents rescind an Acknowledgment.