If a man is listed as the father on the child’s birth certificate, what rights does he have

If both parents sign an acknowledgment of paternity and agree to list the man as the father on the child’s birth certificate, then both parents have equal rights to the child. If no acknowledgment of paternity has been signed, then the mother has sole custody of the child until a court orders otherwise, even if the man is listed on the birth certificate.

If parents have signed an acknowledgment of paternity, then, under certain circumstances, the parents may rescind the acknowledgment, and the court may order the father’s name removed from the birth certificate.

Many of my female clients with children have asked me, “This man is named on the child’s birth certificate, does he have rights?” Or they have asked, “He’s not on the birth certificate, does he have any rights?” My male clients have asked, “I am named on the child’s birth certificate, do I have rights?” Some male clients ask, “I’m not named on the birth certificate, do I have rights?”

If a mother and father are married at the time of a child’s birth, both parents have custody of the child.

The situation is different is the mother and father are not married. Okla. Stat. tit. 10 § 7800 says, “Except as otherwise provided by law, the mother of a child born out of wedlock has custody of the child until determined otherwise by a court of competent jurisdiction.” For a long time, this meant that if a father was not married to a mother at the time of a child’s birth, the father had no rights.

In 2022, the Oklahoma legislature changed this. The legislature passed a new law which specifies that:

·         If a mother and father agree that the man is the biological father of the child, and

·         The mother and father sign an “acknowledgment of paternity”, and

·         The man is named as the father on the child’s birth certificate

Then the mother and father have “equal rights and obligations” to the child, and each parent has the same rights as if the parents were married when the child was born.

What is an acknowledgment of paternity?

Note that the law says that in order for a father to have rights to a child born out of wedlock, both the mother and father must sign an acknowledgment of paternity.

An acknowledgment of paternity is a form prescribed by the Oklahoma Department of Human Services (DHS). DHS has made this form available online – click here to see what it looks like. Many of my clients struggle to remember if they have signed an acknowledgment of paternity. If you’ve signed a form that looks like the form on the link above, then you’ve signed an acknowledgment of paternity. Look around your papers and see if you have one.

In this acknowledgment, both the mother and the father agree that the man is the father of the child. The person in charge of the institution where the birth occurs must explain to both signing parents:

1.    That the acknowledgment will be filed with the Oklahoma Department of Health, Vital Records Division

2.    The benefits of having paternity established (including child support)

3.    Each parent’s rights and responsibilities, and

4.    The time limit for rescinding an acknowledgment of paternity (I will discuss this below).

The person in charge of the institution where the child is born must show the parents an oral, audio, or video presentation about each parent’s rights and consequences of signing an acknowledgment of paternity.

When you sign an acknowledgment of paternity, you must state whether the mother was married to another man at the time of the child’s conception or birth. If the mother was married to another man during this time, then the mother’s spouse must also sign a denial of paternity.

If both parents sign an acknowledgment of paternity, then the man will be listed as the father on the child’s birth certificate. Per the new 2022 law, this will give both parents the same rights as a married couple.

What if both parents don’t sign an acknowledgment of paternity?

If the parents are not married, and they do not both sign an acknowledgment of paternity, then the old law (which says that the mother has custody unless a court determines otherwise) still applies. If you’re the father of a child, and you were not married to the mother at the time of the child’s birth, and if you did not sign an acknowledgment of paternity, then, in order for you to obtain custody, you’ll have to file a paternity suit in court.

If you are the mother, this gives you a lot of power. I have had many mothers come to my office, and ask if the father can come take the child away. I ask them if the father has signed an acknowledgment of paternity. If he hasn’t, I tell my client that she need not be afraid, because the father will not have rights unless he goes to court.

How can you rescind an acknowledgment of paternity?

You may rescind an acknowledgment of paternity any time within sixty days after you sign it. After sixty days, you must go to court in order to rescind the acknowledgment. You must go to court within two years after you sign the acknowledgment. After two years, you may only go to court and rescind the acknowledgment if:

·         Both the mother and father agree to a rescission, or if

·         You can prove, by clear and convincing evidence, that your signature was procured by fraud. For information on filing a rescission action based on fraud, read my post here.

If parents rescind an acknowledgment of paternity, then the court should order that the father’s name be removed from the child’s birth certificate. The court may also order that the child’s name be changed.

Do you want to know your rights to a child? Contact the Persaud Law Office.

At the Persaud Law Office, we’ve helped many parents (and putative parents) in child custody cases. We represent both mothers and fathers. If you’re concerned about what your rights are, give us a call.