@stephinator143,
http://www.michigan.gov/documents/DHS-Hospital-Paternity-Guide_157259_7.pdf
Here is the law in Michigan and it is similar in almost all states.
Acknowledgment of paternity is the voluntary process of both parents signing a notarized Affidavit of Parentage (AOP), legally declaring the paternity of a child. The AOP is the Department of Community Health (DCH) form DCH-0682W (see Appendix A). A completed AOP form is also attached (see Appendix B).
Establishment of paternity is the legal process of
determining fatherhood by court order, acknowledgment,
or other method provided for under state law.
Essential Questions Regarding Completion of an AOP
Questions to Ask the Mother If Yes If No When to Complete or NOT to Complete an AOP
Is the mother married to the biological father of the child? Yes Do NOT complete the AOP. The husband is the legal father of the child.
No If the mother is unmarried, the parents should complete the AOP.
Is the mother married to someone other than the biological father? Yes Do NOT complete the AOP. The mother's husband is the legal father of any child born during their marriage. The mother must obtain a court order stating the husband is not the father of the child.
No If the mother is unmarried, the parents should complete the AOP.
Is the mother divorced? Yes If the mother was divorced more than 10 months before the birth of the child, then the child is NOT considered a child of the marriage. If the mother is unmarried, the parents should complete the AOP.
No If the mother is unmarried, the parents should complete the AOP. If the mother is married, the mother’s husband is the legal father of any child born during the marriage. Prior to the biological parents completing the AOP, the mother must obtain a court order stating the husband is not the father of the child.
Has the mother been divorced within the last 10 months? Yes If the mother was divorced within 10 months of the birth of the child, the child is considered a child of that marriage. The mother's ex-husband is the legal father until the couple obtains a court order that states the ex-husband is not the father of the child. Do NOT complete the AOP.
No The mother’s husband is the legal father of any child born during their marriage. Prior to the biological parents completing the AOP, the mother must obtain a court order stating the husband is not the father of the child.
Has the mother been divorced for more than 10 months? Yes If the mother was divorced more than 10 months before the birth of the child, then the child is NOT considered a child of the marriage. If the mother is unmarried, the parents should complete the AOP.
Fees
Q: What if there are concerns about any fees in regard to the Affidavit of Parentage (AOP) form?
A: Emphasize that there are no fees for completing the AOP or adding the father’s name to the birth record when the AOP is completed at the hospital at the time of birth.
Prison Procedure
Q: What do you do if the father is in prison?
A: The Office of Child Support (OCS) contacted the Michigan Prison Wardens and the Michigan Sheriffs Association to devise a consistent procedure for processing the AOP forms for incarcerated fathers. The Michigan Prison Wardens and Sheriffs approved a procedure for processing the AOP forms sent by Michigan’s birthing hospitals.
Hospital staff will determine the prison or jail location for the alleged father and send a letter (see Appendix G) to that prison or jail, along with:
The AOP;
DHS publication 780: “What Every Parent Should Know About Establishing Paternity”;
A letter of explanation; and
A self-addressed stamped envelope to the attention of the Warden’s Administrative Assistant/Jail Administrator at that prison or jail.
When the Warden’s Administrative Assistant/Jail Administrator receives these materials, (s)he will do the following:
Present the incarcerated alleged father with the AOP form and the pamphlet “What Every Parent Should Know About Establishing Paternity”;
Review the form and pamphlet with the incarcerated alleged father if requested;
Have a notary witness the incarcerated father’s signature if he decides to sign the form;
Send the AOP back to the hospital in the provided envelope; and
If the incarcerated alleged father refuses to sign the AOP, send the unsigned AOP back to the hospital indicating the prisoner declined to sign the form.
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