The Indiana Paternity Affidavit 44780 form is a legal document used for acknowledging paternity. This form is vital for unmarried parents looking to establish the legal father of a child, which then allows for rights, benefits, and obligations to be properly assigned. For assistance in filling out the form correctly, click the button below.
Navigating the responsibilities and acknowledgments of fatherhood right from a child's birth holds significant weight in the realms of legal and familial ties, especially within the context of Indiana's legal framework. The Indiana Paternity Affidavit Form 44780 stands as a crucial document in this journey, enabling a father to legally acknowledge paternity of a child. This affidavit is particularly vital in instances where parents are not married, paving the way for the father's name to be added to the birth certificate, henceforth securing rights, responsibilities, and benefits for the child. It encompasses aspects of consent from both parents, the implications of signing the document, and the procedural steps to ensure the affidavit's acceptance and processing. The form also acts as a gateway to obtaining child support and may play a role in custody arrangements, making it a pivotal document in safeguarding the child's future. Understanding the nuances, along with the potential legal implications of this affidavit, is paramount for parents stepping into this important phase of life.
PATERNITY AFFIDAVIT – HOSPITAL USE
State Form 44780 (R7 / 11-17)
INDIANA STATE DEPARTMENT OF HEALTH
Local Health Department Number
File Date (mm/dd/yyyy)
State File Number
Reset Form
Statutory Authority IC 16-37-2 Confidential: IC 16-37-1-10
PA Number
Before I signed any section of this affidavit I was allowed to review it alone and without the presence of the person listed in Section B. Also, I was given the opportunity to consult with an adult of my choosing.
Signature of Mother
Before I signed any section of this affidavit I was allowed to review it alone and without the presence of the person listed in Section C. Also, I was given the opportunity to consult with an adult of my choosing.
Signature of Father
SECTION A – ACKNOWLEDGEMENT OF PATERNITY
We, ____________________________________________ and ____________________________________________ have read and understand the
Father’s full legal name
Mother’s full legal name
consequences, alternatives, rights and responsibilities regarding this affidavit and being duly sworn upon oath depose and say:
I, ______________________________________ am the biological father of _________________________________________, the Child referred to in
Father’s full legal nameChild’s full name at birth – last name same as Mother
SECTION D of this affidavit who was born on __________________ in ________________________ at ________________________, ____________
(mm/dd/yyyy)CityCountyState
________________________________________________________________________________________________________________________.
Hospital or address of location of birth
I, ___________________________________________ whose maiden name is ___________________________________________, am the mother
Mother’s full legal nameMother’s full maiden name
of the child referred to in Section D of this affidavit and that ____________________________________________ is the biological father of that child.
Therefore, I wish for the birth certificate to identify him as the father.
SECTION B – BIOLOGICAL FATHER’S FACTS OF BIRTH
Full Legal Name
Social Security Number (Pursuant to IC 16-37-2-2.1 (e)(2)(B))
Race (optional)
Date of Birth (mm/dd/yyyy)
Place of Birth (city, state,
and county)
Current Address (number and street, city, state, and ZIP
code)
Telephone number
(
)
Name of employer (optional)
Address of employer (number and street, city, state, and ZIP code) (optional)
Policy number (optional)
Medical insurance company (optional)
SECTION C – BIOLOGICAL MOTHER’S FACTS OF BIRTH
Social Security Number (Pursuant to IC 16-37-2-2.1 (e)(1)(B))
SECTION D – CHILD’S NAME ON INDIANA CERTIFICATE OF BIRTH
It is our mutual desire that the name of our child on the Indiana Certificate of Birth shall be recorded as:
First
Middle
Last
Gender of Child
If known, last four (4) digits
child’s Social Security Number
Male
Female
Not Determined
X X X - X X -
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SECTION E – NOTICE OF CONSEQUENCES, ALTERNATIVES, RIGHTS AND RESPONSIBILITIES
By signing this affidavit, I acknowledge that I have read and understand all of the following:
1.A man should NOT sign this form if he is not sure he is the biological father. I may seek a genetic test before signing this form. Signing a Paternity Affidavit is voluntary. I may not be able to reverse paternity and the legal responsibilities of support associated with it, once I sign a Paternity Affidavit.
2.I may sign a Paternity Affidavit at the local Health Department at any time before the child’s emancipation, as long as there is no father listed on the birth certificate.
3.A woman who knowingly or intentionally falsely names a man as the child’s biological father commits a Class A misdemeanor.
4.I received both written and verbal information about the legal effects of signing a Paternity Affidavit.
5.Since this form has legal consequences, I may want to consult an attorney before signing.
6.This affidavit is void if signed more than seventy-two (72) hours after the birth of the child or if signed after the mother has executed a consent to adoption and a petition to adopt has been filed.
7.If I am the presumed father and do not establish paternity now, but want the right to notice and a hearing regarding any adoption of the child, I must register with the Indiana Putative Father Registry through the Indiana State Department of Health.
8.If the mother is receiving or plans to receive public assistance (TANF or Medicaid), she may be required to cooperate in establishing paternity and obtaining a support order or face losing those benefits.
9.If I do not sign a Paternity Affidavit and am unsure about the paternity of the child, I may contact the Prosecuting Attorney’s office in my county for help establishing paternity. They will help arrange tests to establish paternity.
10.The custodial party may contact the Prosecuting Attorney’s Office in their county for the child support services below through the IV-D program.
●
Establishing paternity
Getting a court order for the payment of child support and medical support
Finding the absent parent
Enforcing child support and medical support orders
11.The completion of this legal document establishes paternity with no further court action required and gives the mother or the IV-D agency the right to obtain a child support order requiring the father to pay support.
12.The father will have parenting time as outlined by the Indiana Parenting Time Guidelines, unless a court rules differently. See www.in.gov/judiciary/rules/parenting.
13.A man has the right to withdraw/rescind his acknowledgment of paternity only within sixty (60) days of the date the Paternity Affidavit is completed. To do so he must file an action in a court with jurisdiction over paternity and may need to submit to and pay for genetic testing per IC 16-37-2-2.1(k- l). After sixty (60) days the father may not be able to reverse paternity, even if genetic tests prove he is not the biological father.
Date (mm/dd/yyyy)
SECTION F – ESTABLISHMENT OF JOINT LEGAL CUSTODY
If both mother and father agree, they may complete this section of the Paternity Affidavit to elect to share joint legal custody of the child named in Section D. Joint legal custody means both mother and father share authority and responsibility for the major decisions concerning the child’s upbringing, including the child’s education, health care and religious training. Also mother and father have equal access to the child’s school and medical records.
(Both signatures are required to share joint legal custody.)
1.
I wish to share joint legal custody of this child with the father listed in Section B of this affidavit.
Signature of Mother (go to 2, then 3): ____________________________________________________
I wish to share joint legal custody of this child with the mother listed in Section C of this affidavit. Signature of Father (go to 2, then 3): _____________________________________________________
2.If you have chosen to share joint legal custody, the mother still has primary physical custody of the child unless another determination is made in a
court proceeding under Indiana Code 31-14.
Initials of Mother: _________ Initials of Father: _________
3.If you agree to share joint legal custody, you MUST submit the results of a genetic test, performed by an accredited laboratory no later than sixty (60) days after the child’s birth, that indicate the father listed in Section B is the biological father of the child. Otherwise, your agreement to share joint legal custody will be void. However the establishment of paternity IS still VALID. Initials of Mother: _________ Initials of Father: _________
4. I do NOT wish to share joint legal custody of this child and I understand this affidavit may still be used to establish paternity if the other sections are properly completed. (Only one signature is required but both may sign.)
Signature of Mother (go to 5): ____________________________________________________
Signature of Father (go to 5): ____________________________________________________
5.If you have chosen NOT to share joint legal custody, the mother has SOLE legal custody unless another determination is made in a court proceeding under Indiana Code 31-14. However the establishment of paternity (SECTIONS A - E) IS still VALID.
Subscribed and sworn to before me, the undersigned, a Notary Public, in and for said county, this ________ day of _______________, 2________.
Signature of Notary
Printed Name of Notary
My Commission Expires (mm,dd,yyyy)
County of Residence
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Completing the Indiana Paternity Affidavit (44780) is a critical step for acknowledging and establishing paternity when the parents are not married. This document is essential for legal recognition of the father's relationship to the child, which affects rights and responsibilities such as custody, support, and inheritance. The process may seem complex, but by following these steps carefully, you can ensure all necessary information is accurately and thoroughly provided.
After the form is submitted and processed, both parents will be formally recognized under law, with the father gaining rights and assuming responsibilities towards the child. This includes, but is not limited to, child support obligations, custody rights, and inheritance rights. Processing times may vary, so it's advised to follow up with the appropriate office if confirmation of the affidavit's acceptance is not received within a reasonable timeframe.
What is the Indiana Paternity Affidavit 44780 form?
The Indiana Paternity Affidavit 44780 form is a legal document used to establish paternity for a child in the state of Indiana. When a child is born to unmarried parents, this affidavit allows the biological father to be recognized legally as the father. Completing this form gives the father certain rights and responsibilities, including custody, visitation, and child support obligations.
Who needs to sign the Indiana Paternity Affidavit 44780 form?
Both the biological mother and the father of the child must sign the Indiana Paternity Affidavit 44780 form. Their signatures must be voluntarily given and are typically witnessed and notarized to ensure authenticity and prevent disputes.
Where can I find the Indiana Paternity Affidavit 44780 form?
The form is available at hospitals, local health departments, and the vital records office in Indiana. Additionally, it can be downloaded from the website of the Indiana State Department of Health. It's important to ensure you're using the most current version of the document.
Is there a deadline for signing the Indiana Paternity Affidavit 44780 form?
While there isn't a strict deadline, it is highly recommended that the form is signed as soon as possible after the child's birth. Signing the form at the hospital or shortly thereafter simplifies the process of establishing paternity and securing the father's rights and responsibilities toward the child.
What happens if the father is unavailable or refuses to sign the form?
If the father is unavailable or refuses to sign the Indiana Paternity Affidavit 44780 form, paternity can still be established through a court process. This may involve legal action such as a paternity suit, where the court may order genetic testing to determine paternity.
Can the Indiana Paternity Affidavit 44780 form be rescinded or nullified?
Yes, there is a rescission process. The form can be rescinded by either parent within 60 days of signing it, unless an administrative or court order related to the child has been entered. Rescinding the affidavit is done by filing a Rescission Form with the Indiana State Department of Health.
What if there are doubts about paternity at the time of signing?
If there are doubts about paternity, it's advisable to not sign the form. Instead, the individuals involved should seek a paternity test to confirm biological relationships before legally establishing paternity. Signing the form when unsure can have significant legal and financial implications.
How does signing the Indiana Paternity Affidavit 44780 form affect child support?
Once paternity is established with the affidavit, the father becomes legally obligated to support the child financially. This may result in the court ordering the father to pay child support. The amount of support is generally determined based on the income of both parents, among other factors.
Does signing the form grant custody rights to the father?
While signing the form does establish legal paternity, it does not automatically grant custody rights to the father. Custody arrangements are determined separately, often through additional legal proceedings. However, establishing paternity is a crucial first step towards seeking custody or visitation rights.
What are the consequences of not signing the Indiana Paternity Affidavit 44780 form?
Failure to establish paternity can have several consequences for both the father and the child. The father might be denied legal rights to the child, including custody and visitation. Additionally, the child might miss out on benefits like inheritance, access to medical histories, and financial support from the father. Establishing paternity is crucial for securing the legal and emotional bonds between a father and his child.
One common mistake many make when filling out the Indiana Paternity Affidavit 44780 form is not thoroughly reading the instructions before beginning. This oversight can lead to misunderstandings about what information is required and where it should be entered. Each section of the form has specific requirements, and missing these details can invalidate the entire document or cause delays in its processing.
Another issue often encountered is leaving sections incomplete. Every field in the affidavit serves a purpose, and failing to provide the necessary information can raise questions about the validity of the paternity claim. It's essential to review the affidavit carefully, ensuring no part has been overlooked. Skipping sections or providing incomplete answers might result in the need to resubmit the form, further delaying legal recognition of paternity.
Incorrectly filled-out personal information is also a frequent error. Names, dates, and other personal details must match official documents such as birth certificates and IDs. Mismatches in this information can lead to significant complications, potentially requiring legal action to resolve. Accuracy is crucial when entering personal information, as this establishes the legal identities of those involved.
Many individuals mistakenly believe they do not need to sign the affidavit in the presence of a notary or authorized hospital staff. However, this is a critical requirement to validate the form. The affidavit is a legal document, and as such, the signatures must be witnessed to confirm the identity of the signatories and the voluntariness of their acknowledgment.
Failing to understand the legal implications of signing the affidavit is another area where mistakes occur. Signing the Indiana Paternity Affidavit 44780 form establishes legal paternity and can affect parental rights, child support, and custody matters. It is recommended to seek legal advice or counseling to fully understand the consequences of this legal action before signing.
Submitting outdated information is yet another pitfall. The relevance of the information provided at the time of filling out the affidavit cannot be overstated. Circumstances and details may have changed since first acquired, so it is important to ensure all information is current and reflects the most recent legal and personal status.
Overlooking the requirement for the mother's consent and signature is a critical error that some make. Paternity affidavits typically require both parents' acknowledgement unless court-ordered circumstances dictate otherwise. Without the mother's consent, the process cannot proceed smoothly, and the paternity assertion may be challenged.
Some people fail to keep a copy of the signed affidavit for their records. This document is important for future reference, especially in dealings with the legal system, schools, and medical providers. Losing the only copy can lead to unnecessary complications and delays in proving paternity.
Lastly, assuming that filing the affidavit immediately establishes all paternal rights and responsibilities is a misconception. The legal process may require additional steps, such as court orders or further documentation, especially in contested cases or when seeking specific parental rights. Understanding that the affidavit is a step in the process, rather than the conclusion, will help manage expectations and prepare for any additional requirements.
The Indiana Paternity Affidavit 44780 form is a pivotal document for establishing paternity, crucial for legal, medical, and emotional reasons for all involved parties. Its completion is just the first step in a series of actions that might involve various additional forms and documents. These auxiliary documents support or are necessitated by the process initiated by the Paternity Affidavit, each serving a specific purpose in ensuring the child's rights and benefits. Below is a list of other forms and documents often used in conjunction with the Indiana Paternity Affidavit 44780 form.
In the journey to establish paternity and ensure the well-being of a child, these documents play supportive and sometimes pivotal roles. They help in securing rights, finances, and a stable upbringing for the child, reflecting the legal and emotional intricacies of family relationships. As such, the process that starts with the Indiana Paternity Affidavit 44780 form often involves careful consideration of several additional forms and documents, each contributing to the comprehensive acknowledgment and support of the child's needs.
The Indiana Paternity Affidavit 44780 form shares similarities with the Acknowledgment of Paternity form found in many states. Both documents serve the essential purpose of legally establishing paternity for a child born to unwed parents. By signing these forms, the father confirms his biological and legal relationship with the child, which is crucial for determining child support, custody, and visitation rights. They also enable the child to have access to family medical history and benefits, such as health insurance and inheritance rights.
Comparable to the Voluntary Declaration of Parentage or Paternity, commonly used in states like California, the Indiana Paternity Affidavit 44780 form also aims at establishing paternity without the need for a court order. Both documents are typically presented to the parents in the hospital shortly after the child's birth. Signing these forms is a voluntary act but carries significant legal implications, including the acknowledgment of paternity that aligns with state laws governing child support and rights.
The Birth Certificate Application is another document related to the Indiana Paternity Affidavit 44780 form. While the birth certificate application is used to record a child's birth officially, the inclusion of the father's name on the birth certificate often requires the submission of a paternity affidavit if the parents are not married. This linkage ensures that the father's name is rightfully included on the birth certificate, reflecting his legal acknowledgment of paternity.
Child Support Agency forms for establishing paternity and child support obligations also share similarities with the Indiana form. These agency forms are employed when parents seek to establish a legal arrangement for child support. While the Paternity Affidavit facilitates the legal recognition of a father, child support forms are then used to calculate and enforce support payments, ensuring the child receives financial support from both parents.
The Petition to Establish Paternity found in family courts is akin to the Indiana Paternity Affidavit in its ultimate purpose but differs in the process. A petition to establish paternity is a formal legal action typically taken when there is disagreement or dispute about a child's paternity. Unlike the affidavit, which is a voluntary and straightforward acknowledgment made outside of court, the petition involves legal proceedings and the potential for court-ordered DNA testing to determine paternity.
Finally, the Child Custody and Support Agreement forms relate closely to the aftermath of signing the Indiana Paternity Affidavit 44780. Once paternity is established, these agreements become relevant for determining the logistics of child custody, visitation, and support. Although not used for establishing paternity itself, they are a consequential step for parents outlining the responsibilities and rights each parent has towards their child, influenced by the legal acknowledgment of paternity.
Filling out the Indiana Paternity Affidavit form 44780 is a significant process that establishes paternity for a child born outside of marriage. It is essential to handle this document with the utmost care to ensure all information is accurate and properly recorded. Here are eight dos and don'ts to follow when completing this form:
Following these guidelines can help ensure the Indiana Paternity Affidavit form 44780 is filled out correctly and efficiently, leading to a smooth process in establishing paternity.
Many individuals hold misconceptions about the Indiana Paternity Affidavit 44780 form, leading to confusion and potential legal issues. Understanding the truth behind these misconceptions is crucial for anyone dealing with paternity matters in Indiana.
Signing the form immediately establishes legal paternity: A common misconception is that once the form is signed, legal paternity is instantly established. In reality, while signing the form is a significant step toward acknowledging paternity, it must be filed correctly with the court or appropriate state office to legally establish paternity.
Either parent can sign the form at any time: Another misunderstanding is regarding the timing and requirements for signing the form. Both parents must agree to sign the form. Additionally, there's a specific time frame post-birth during which the form should be signed and submitted for it to be processed smoothly.
Signing the form is the only step required for fathers to gain custody rights: Some individuals mistakenly believe that signing the paternity affidavit automatically grants custody rights. However, establishing paternity is simply the first step. Fathers wishing to seek custody or visitation rights must follow the legal processes through the court to establish such rights formally.
You can't establish paternity if the father is absent: There's a misconception that paternity cannot be established if the father is not present to sign the form. While having both parents sign the form simplifies the process, there are legal mechanisms in place, including DNA testing, that can establish paternity in the absence of the father's direct consent.
The form has no impact on child support: Finally, many believe that signing the Paternity Affidavit 44780 form does not affect child support obligations. On the contrary, once paternity is established, the father becomes legally responsible for supporting the child, and this may lead to the establishment of a child support order.
When dealing with the Indiana Paternity Affidavit 44780 form, there are several key points one should keep in mind to ensure the process is completed correctly and effectively. Here are the crucial takeaways:
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