Hospital Outreach FAQ
1. Why should parents establish paternity at the hospital?
2. Should we require the parents to show photo identification before allowing them to sign Acknowledgment of Paternity?
3. What if the mother says that she doesn’t know who the father is?
4. What if the mother says that she knows who the father is?
5. What if the father is not there at time of birth, but he wants to sign an Acknowledgment of Paternity?
6. What if the father wants to sign, but the mother does not, or vice versa?
7. What is the difference between a presumed, biological, alleged and legal father?
8. Can OCSS do genetic testing when the father has an identical twin?
9. Can OCSS establish paternity when the father is deceased?
10. Can parents have a paternity test done before the baby is born?
11. What if the parents ask if there is a link between signing an Acknowledgment of Paternity and custody/visitation?
12. What do you do if the mother is married, but the husband is not in the picture, and is not the biological father?
13. What if the mother is due in week, and she wants father’s name on the birth certificate?
14. What if you know the parents are committing fraud by signing the Acknowledgment of Paternity?
15. What if the new grandparents are trying to influence the parents re: signing an Acknowledgment of Paternity? What can you do?
16. How should you explain the rescission process? Why?
17. Will father automatically be ordered to pay child support if he signs Acknowledgment of Paternity?
18. What do you do if the father or mother states that they know the man in the room is not the father of the child, but he wants to sign the AOP anyway?
19. If the parents do not sign an Acknowledgment of Paternity at the hospital, do they give up their right to sign later?
20. What do you do if the child was delivered by a surrogate? Do the biological parents sign an Acknowledgment of Paternity?
21. What are the three ways that the Rights and Responsibilities are presented to the parents?
22. I am now an adult, and my parents never established paternity for me. Is it too late?
23. What do you do if one or both of the parents is an undocumented person?
24. The ROVER system is only in English. Do you still have Spanish forms available?
25. What about minor parents?
1. Why should parents establish paternity at the hospital?
If an Acknowledgment of Paternity is signed at the hospital, there is no fee for the parents to receive a birth certificate updated with the father’s name. If they wait even one day after the child is released from the hospital, Vital Records charges $45.00 for an updated birth certificate with the father’s name on it.
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2. Should we require the parents to show photo identification before allowing them to sign Acknowledgment of Paternity?
There is nothing in OKDHS policy that requires a birth certificate clerk to require parents to show photo ID before witnessing an Acknowledgment of Paternity. You should check with your hospital administration to see if you have an internal requirement to see an ID.
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3. What if the mother says that she doesn’t know who the father is?
If the mother does not know who the father is, she should not be encouraged to sign an Acknowledgment of Paternity for the child. You can also refer her to OCSS, as we can conduct genetic testing at a very reasonable cost.
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4. What if the mother says that she knows who father is?
If the mother does not know who the father is, she should not be encouraged to sign an Acknowledgment of Paternity for the child. You can also refer her to OCSS, as we can conduct genetic testing at a very reasonable cost.
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5. What if the father is not there at time of birth, but he wants to sign an Acknowledgment of Paternity?
There are several options for this situation. (1) Under Oklahoma law, an Acknowledgment Of Paternity can be signed by the parents before the child is born with the date of birth/place of birth sections left blank until the child is born, (2) The mother can complete her section of the Acknowledgment of Paternity in the hospital, and then mail or fax the Acknowledgment of Paternity to the father for him to complete his portion. (3) The Acknowledgment of Paternity form is available online at www.okdhs.org , and the parents can print off and complete the form at their leisure when the father is available. (4) If the father is in the military, the JAG office can assist with the completion of the Acknowledgment of Paternity.|
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6. What if the father wants to sign, but the mother does not, or vice versa?
If either parent shows any doubt about signing an Acknowledgment of Paternity, do not encourage to sign it. Instead, refer them to OCSS, where either parent can open a child support case and request genetic testing. The current contract charges $30.00 per person for testing. If the results are negative, the State pays for the test.
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7. What is the difference between a presumed, biological, alleged and legal father?
A Presumed Father occurs when a child is conceived or born within a marriage, or within 300 days since a divorce. The husband is presumed to be the legal father of the child, but he can rebut that presumption by signing a Husband’s Denial of Paternity form within 2 years of the birth of the child. A Biological Father is the man who is genetically the father of the child. An alleged father is the man who is a potential father of the child, but has not had paternity established via genetic testing or the voluntary paternity process.
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8. Can OCSS do genetic testing when the father has an identical twin?
No. Identical twins share identical DNA; thus, further testimony will be taken by a judge or hearing officer to determine, if possible, which brother is the legal father of the child.
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9. Can OCSS establish paternity when the father is deceased?
If the alleged father’s immediate family is cooperative, then an enhanced version of genetic testing can be completed by LabCorp. If the alleged father’s family is not cooperative, it is extremely difficult, if not impossible, to complete genetic testing. The mother of the child, or its legal guardian, will need to open a case with OCSS to complete this process.
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10. Can parents have a paternity test done before the baby is born?
OCSS policy does not allow for genetic testing to be completed before the birth of the child due to the risk of harm to both the unborn baby and the mother.
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11. What if the parents ask if there is a link between signing an Acknowledgment of Paternity and custody/visitation?
OCSS is prohibited by law from discussing custody or visitation issues. The establishment of paternity does not in itself grant automatic visitation or custody – that will be up to a district court judge to determine.
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12. What do you do if the mother is married, but the husband is not in the picture, and is not the biological father?
In this situation, the husband is considered to be the presumed father. Unless he signs a Husband’s Denial of Paternity form while the child is in the hospital, then his name will go on the birth certificate as the father of the child. The mother cannot sign an Acknowledgment of Paternity with a man who is not her husband unless a Denial of Paternity has been signed. The husband has two years to sign the denial, and at that time the Acknowledgment of Paternity can be signed and filed with Vital Records.
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13. What if the mother is due in week, and she wants father’s name on the birth certificate?
Obviously, they can quickly get married before the child is born. Otherwise, they can sign an Acknowledgment of Paternity after the birth of the child, which will ensure that the father’s name is added to the birth certificate.
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14. What if you know the parents are committing fraud by signing the Acknowledgment of Paternity?
On the ROVER system, there is a space where you can add notes to a birth certificate. If you know that fraud is being committed, you can use this functionality to notify the proper agencies.
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15. What if the new grandparents are trying to influence the parents re: signing an Acknowledgment of Paternity? What can you do?
As a birth certificate clerk, you have the right to clear the room of everyone except the baby’s parents during the completion of the birth certificate and/or Acknowledgment of Paternity.
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16. How should you explain the rescission process? Why?
Before the parents sign the Acknowledgment of Paternity, you should explain to them that they each have sixty days to change their minds. As this is a legally binding document, the parents need to understand that after the passage of 60 days (unless they are minor parents; see below), the form can only be challenged in a court of law, up until the child is two years old.
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17. Will father automatically be ordered to pay child support if he signs Acknowledgment of Paternity?
No. Signing an Acknowledgment of Paternity does not automatically open a full service child support case or bind the father into paying child support.
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18. What do you do if the father or mother states that they know the man in the room is not the father of the child, but he wants to sign the Acknowledgment of Paternity anyway?
Acknowledgments of Paternity are to only be signed by the biological parents of the child. Any other use constitutes fraud.
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19. If the parents do not sign an Acknowledgment of Paternity at the hospital, do they give up their right to sign later?
No. An Acknowledgment of Paternity can be signed at any point after the birth of the child, until the child reaches his/her eighteenth birthday. This is provided that another man has not been established as the child’s legal father.
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20. What do you do if the child was delivered by a surrogate? Do the biological parents sign an Acknowledgment of Paternity?
All parties need to have their own surrogacy agreement drafted and filed with the district court of your county. The Acknowledgment of Paternity cannot be used to define the legal relationship in a surrogacy situation.
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21. What are the three ways that the Rights and Responsibilities are presented to the parents?
The Rights and Responsibilities can be presented to the parents in one of three ways: (1) by them reading the back of the Acknowledgment of Paternity form; (2) by the parents calling 1-800-522-2922 and follow a series of prompts to hear it be read to them in English and Spanish; or (3) by watching the five minute paternity DVD/VHS tape provided by OKDHS which explains it to the parents. The video is available in both English and Spanish.
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22. I am now an adult, and my parents never established paternity for me. Is it too late?
If both parents are still alive, the child can complete an Adult Child’s Consent form and the parents can complete an Acknowledgment of Paternity. Both forms need to be completed and filed at the same time with Vital Records, who will then update the child’s birth certificate.
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23. What do you do if one or both of the parents is an undocumented person?
Undocumented persons can still complete an Acknowledgment of Paternity form. As he/she will not have a social security number, you will need to either leave that field blank, or write in “N/A”.
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24. The ROVER system is only in English. Do you still have Spanish forms available?
Yes. You should have a Spanish library of the voluntary paternity forms available to you in your supplies. If not, please call your local child support office, and they will assist you in getting the forms available to you. The Spanish versions of the forms are also available online at www.okdhs.org.
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25. What about minor parents?
Minor parents can complete an Acknowledgment of Paternity form. It no longer requires that the minor’s parent or legal guardian sign the form as well. The minor parent has sixty days from the time he/she turns eighteen years old to rescind the form by completing a Rescission of Acknowledgment of Paternity.
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