Understanding the Affidavit of Paternity Form in Indiana

What is an Affidavit of Paternity?

Under Indiana law, a Paternity Affidavit is a rank among at least three different ways to establish paternity, the other two being an Indiana Court Order determining paternity or the presumption of paternity based on Indiana statute. A paternity affidavit form is another method allowing unmarried parents working in conjunction to declare their intention to be the parents of a child born out of wedlock. The Indiana Paternity Affidavit form is a standard two-sided sheet of paper consisting of legalese the State of Indiana requires before a Court can establish parental rights. Each parent to be listed on the form must complete the lines detailing their respective addresses, date of birth, and personal identifiers, such as Social Security number. Lastly, the affidavit includes a blank for each party (and the child, is for the child if he or she is over 18) to sign in front of an employee of the State via a government sanctioned facility (such as a hospital or courthouse) .
In addition to the signatures, the Paternity Affidavit also includes instructions from the State of Indiana on how to rescind signature on the Indiana Paternity Affidavit and how to file the form with the local office of Vital Statistics so that the child’s birth certificate is issued with the mother and father listed. The effect of signing the Paternity Affidavit in Indiana is that both parents are declaring under the penalties for perjury that their signatures are legitimate, that the information they list is correct, and that they understand the legal consequences of signing the document. The consequences of signing the document are the same as having a Court Order. In essence, the Indiana Paternity Affidavit, once legally processed, is as good as a Court Order.

How to Access the Affidavit of Paternity Form in Indiana

The paternity affidavit form in Indiana can be obtained at hospitals while you are completing the paperwork for your newborn baby. The Hospital will give you the form and all parties can complete the form. If, however, you do not receive the form or the child is not born yet, you can obtain the form at several locations.
The Paternity Affidavit can be obtained from the Indiana State Department of health or at the Marion County Health department. The address for the Indiana State Health department is as follows:
Indiana State Department of Health
P.O. Box 7126
Indianapolis, IN 46207-7126
317-232-5988
If you live in Marion County, you could also contact the Marion County Health Department. Their number is 317.221.2295. The Marion County Health department is located at 3838 N. Rural Street, Indianapolis, IN 46226.
It is important to ensure that you have the proper form, especially if you may later be challenging paternity. The right form is critical to the paternity proceeding. The wrong form could result in an invalid paternity for your child and allow the alleged father/Putative Father to deny his status.

Completing the Affidavit of Paternity Form

The state of Indiana requires that a Paternity Affidavit form be filled out for a child born by unmarried parents. It is as if there is a presumption of paternity if this form is not filled out and signed by himself and mother.
The Paternity Affidavit is fairly straightforward to complete. It is only a few pages long, offering some instructions and an application for a new birth certificate. The form asks multiple questions, including the full names of the parents and parents’ addresses. Filling out the form in its entirety is important, and the parents’ own knowledge of the other parent is essential.
Basic information, such as the child’s name, the child’s sex, the dates of birth for both parents, their main areas of residence, both parents’ social security numbers, whether the parents are still married or ever were, and whether the child was adopted or conceived through artificial insemination, is needed. It carries extra importance when one parent is deceased. The form should be completed with great care to ensure that all information provided is accurate. This will end up being a permanent part of the child’s medical records and more. Therefore, accuracy is vital.
The form must also include certain required statements, such as personal information about the father, the "Acknowledgement of Paternity," and the "Certification" by the hospital administrator. All parents must agree and sign the "Acknowledgement of Paternity" portion, which states that they agree that the child is theirs both physically and legally. By signing, the father acknowledges that he is the child’s biological father. Parents must sign the form as instructed by the state of Indiana.
At the same time, however, either parent may choose to contest the paternity at any time, even after the form is signed and proved true and accurate. However, if a parent has actually completed a DNA test and learned that he is not the child’s father, then he can request a modification of the birth certificate. This should only be considered if the father has compelling evidence that he is not the father, and should definitely be done through an experienced Indiana paternity lawyer.

Legal Implications of Signing the Affidavit of Paternity

There is only a limited time in which to sign a paternity affidavit. Unlike the rules that apply to child support orders, which can be modified, paternity cannot be modified after the time within which the affidavit can be rescinded has passed. So if you are a putative father, do your homework about whether or not you want to sign. Do not take this lightly.
Once the affidavit is signed, there is a presumption by law that the named individual is the biological father and he will be legally presumed to be the biological father. As a result, he will be legally responsible for supporting the child even if blood tests later show that he is not the child’s biological parent.
Signatures on the paternity affidavit are electronic signatures, not the traditional ink stains on paper that we are used to. In fact, it isn’t a paper document at all but a computer screen that is signed. Once the signature is captured, it is stored electronically and scores of duplicate documents – each bearing the original signatures – are printed. Read this document carefully once you receive it. Many courts have denied parties an opportunity to see the signed affidavit until after the paternity trial has concluded. It is imperative that your attorney sees the affidavit before going to court. Even though it is a sworn document, don’t assume that the contents of the affidavit are correct simply because it was signed under oath.
The paternity affidavit is a legal document that has the same effect as a judgment. Not surprisingly, paternity affidavits are very simple in nature. They do not require a lot of information, other than name, address, birthdate and relationship to the child. But by signing, one of the parents is saying that another individual is the father of the child. Once signed, the paternity affidavit acts as a judgment, meaning that the named individual is the child’s biological father. It acts as a judgment in regard to inheritance rights, custody and parenting time, medical and dental insurance, tax benefits, and a host of other legal rights.

Revoking or Contesting an Affidavit of Paternity

While the presumption of paternity is FIRMLY established in Indiana law, there are still a few circumstances under which a paternity affidavit may be revoked or challenged. A paternity affidavit may be revoked if it is signed within 60 days of the birth of the child, and all signatories agree to its release . Any disputes about paternity affidavits can be settled in court. The court can either confirm or invalidate the affidavit. A hearing that can be held at a later date may be set to determine if the affidavit was signed under financial duress. Regardless of the circumstances, all revocations and challenges are subject to DNA testing of the father.

Advantages of Establishing Paternity

A child can benefit in many ways from establishing a legal relationship with a father. The immediate benefit is to have two parents, instead of one parent, raising the child. Beyond that, a child has the right to receive child support from both parents, whether paid by a parent with a high income or a low income. A child also benefits from spending time with both parents, and having both parents take an active role in raising the child.
A parent can maintain a close relationship with a child by filing for parenting time, even if the child is raised by a divorced parent, or was born to unmarried parents. A parent who is seeking parenting time can file for it even if the other parent is opposed to granting parenting time. A judge can order parenting time for a parent. A child can also benefit from regular child support payments received from both parents.
Under Indiana law, a child is entitled to claim social security benefits or survivor benefits on the death of either parent. This includes the responsibility of each parent to support the child. A parent may also be entitled to child insurance benefits at retirement. A child has no such right if a parent was never married to the mother.
A child is entitled to share in the inheritance of both parents, whether from a will, a trust, or due to a lack of a will. A step-parent does not have any duty to support the child in lieu of a parent. However, a step-parent may be entitled to claim an inheritance as a result of a will.
A paternity affidavit can help create legal rights. A hospital can use a paternity affidavit in place of a court order to establish a child’s parentage. If paternity is established through a paternity affidavit, the Indiana Department of Child Services assumes the same rights that a parent would have under Indiana law to seek the other parent for child support.
Paternity gives a child the right to claim health insurance on the policy of either parent. If a parent is enrolled in the employer’s group health insurance plan, then the child is entitled to receive health and dental insurance benefits, as if the child were covered by that policy.
Paternity can also provide a child with the right to receive inheritance from family members, including step-grandparents, aunts and uncles, and cousins. A guardian should have the right to inherit a child’s estate, such as account funds. A child is entitled to inherit personal property from a parent.
Paternity gives a child the right to receive information about a parent’s family medical history. A child can look back to prior generations, to assist doctors in treating the child.
The emotional benefits of having two parents raise a child would not be limited by a paternity affidavit. A child has a right to grow up with both parents, whether or not they are living together.
For both parents, paternity establishes a bond between them and a child. The bond can extend beyond the parents to the extended family.

Resources and Support for Parents

For parents who are working through the process of establishing or disputing paternity, a variety of resources and assistance programs are available in the State of Indiana. Child support offices may be helpful in answering questions and explaining the process of establishing paternity under state law. Similarly, counseling services may be available through the state for individuals who are dealing with the issues surrounding paternity including the potential need for child support obligations and the visitation rights of parents who are not married . Finally, Indiana’s Child Support Bureau is available as a resource to provide individuals in Indiana with information on obtaining and enforcing court ordered child support, among other available resources. Other parents have walked the path ahead of you and many families have experienced similar issues. Support groups for parents may be available either through the state, local community organizations, or online.