The Indiana Paternity Affidavit 44780 form is a legal document that establishes the paternity of a child when parents are not married. This form is essential for ensuring that the rights and responsibilities of both parents are recognized and upheld. If you need to fill out the form, click the button below to get started.
The Indiana Paternity Affidavit 44780 form plays a crucial role in establishing legal fatherhood in the state of Indiana. This document is typically completed by both parents when a child is born to unmarried parents. By signing the affidavit, the father acknowledges his paternity, which can significantly impact the child's rights to benefits such as health insurance, inheritance, and social security. The form also serves as a vital tool for ensuring that both parents share in the responsibilities of child support and decision-making. It is important to understand that the affidavit must be signed in the presence of a witness or notary public to be legally binding. Furthermore, parents should be aware that filing this form can simplify the process of obtaining a court order for custody or visitation rights in the future. Overall, the Indiana Paternity Affidavit 44780 is an essential document for unmarried parents, providing a clear legal framework for establishing paternity and supporting the well-being of the child.
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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Filling out the Indiana Paternity Affidavit 44780 form is an important step for establishing legal paternity. Once completed, this form helps to clarify the relationship between a father and child. After submitting the affidavit, it will be processed by the appropriate authorities, allowing for the next steps in your journey.
The Indiana Paternity Affidavit 44780 form is a legal document used to establish the paternity of a child when the parents are not married. This form allows both parents to acknowledge the father’s legal relationship to the child. By completing this affidavit, the father can gain rights and responsibilities, such as custody and child support obligations.
Both the mother and the father of the child should complete the form. It is important that both parents are present when signing the affidavit. If the father is not available, there are alternative procedures to establish paternity, but the affidavit is the simplest and most direct method when both parents agree on the child's paternity.
The Indiana Paternity Affidavit 44780 form requires several key pieces of information:
Additional information may also be required, such as the parents' Social Security numbers. It is essential to provide accurate information to avoid delays in processing.
After completing the form, you must submit it to the appropriate county office. This is usually the local health department or the Vital Records office. You can also file the affidavit at the time of the child's birth in the hospital. Make sure to keep a copy for your records. There may be a small fee associated with filing the form, so check with the local office for specific details.
Failing to provide accurate personal information. It is crucial to enter the correct names, addresses, and dates of birth for all parties involved. Inaccuracies can lead to delays or complications.
Not signing the affidavit in front of a notary. The Indiana Paternity Affidavit requires notarization to be valid. Without this step, the affidavit may not be accepted.
Overlooking the requirement for witnesses. The form must be signed by two witnesses who are not related to the child. This is an essential step that is often missed.
Ignoring instructions regarding the child's name. If the parents have not yet decided on a name, it is important to leave that section blank rather than entering an incorrect or placeholder name.
Neglecting to check for consistency. Ensure that the information provided matches other legal documents, such as birth certificates or identification. Discrepancies can cause issues later on.
Not keeping a copy of the completed affidavit. After submission, it is wise to retain a copy for personal records. This can be helpful for future reference or legal matters.
Submitting the form to the wrong agency. The affidavit must be filed with the appropriate state agency. Verify the correct submission location to avoid unnecessary delays.
The Indiana Paternity Affidavit 44780 form is an important document used to establish paternity in Indiana. Along with this form, several other documents may be necessary to support the process. Below is a list of commonly used forms and documents associated with the Indiana Paternity Affidavit.
These documents play a crucial role in establishing paternity and ensuring that the rights and responsibilities of both parents are clearly defined. Having the necessary forms prepared can facilitate a smoother legal process.
The Indiana Paternity Affidavit 44780 form serves a specific purpose in establishing paternity, but there are other documents that share similar functions in different contexts. One such document is the Acknowledgment of Paternity form. This form is often used by parents to voluntarily declare the identity of a child's father, similar to the Indiana Paternity Affidavit. Both documents aim to establish legal fatherhood, which can affect child support, custody, and inheritance rights.
Another comparable document is the Voluntary Acknowledgment of Paternity (VAP) form. This form is utilized in various states, including Indiana, to allow parents to acknowledge paternity without going through a court process. Like the Indiana Paternity Affidavit, the VAP can be filed at the time of a child's birth or shortly thereafter, making it a straightforward option for parents wishing to establish legal fatherhood.
The Child Support Worksheet is another relevant document. While it does not directly establish paternity, it is often used in conjunction with paternity affidavits when determining child support obligations. Both the Indiana Paternity Affidavit and the Child Support Worksheet focus on the rights and responsibilities of parents, ensuring that the child's best interests are prioritized in legal matters.
The Petition to Establish Paternity is a legal document filed in court when there is a dispute over a child's paternity. Unlike the Indiana Paternity Affidavit, which is a voluntary acknowledgment, this petition is often necessary when one parent contests paternity. Both documents aim to clarify the legal status of fatherhood, but the petition involves a more formal legal process.
The Birth Certificate is another important document related to paternity. When a father is acknowledged through the Indiana Paternity Affidavit, his name can be added to the child's birth certificate. This connection solidifies the legal relationship between father and child, similar to how paternity affidavits serve to establish and confirm that relationship.
The Affidavit of Support is a document used in immigration cases, which, while not directly related to paternity, shares the concept of affirming responsibilities. Just as the Indiana Paternity Affidavit confirms a father's obligations to his child, the Affidavit of Support confirms a sponsor's commitment to support an immigrant financially, ensuring that they will not become a public charge.
The Parenting Plan is another document that often accompanies paternity-related issues. While it focuses on custody and visitation arrangements, it is relevant to paternity because establishing legal fatherhood can influence these agreements. Both documents are essential in defining parental roles and responsibilities in the child's life.
The Consent to Adopt form is also similar in that it involves the legal recognition of a parental relationship. When a biological father acknowledges paternity through the Indiana Paternity Affidavit, he may need to sign a Consent to Adopt if he agrees to allow another individual to adopt his child. Both documents reflect the complexities of parental rights and responsibilities.
Finally, the Declaration of Paternity is another document that shares similarities with the Indiana Paternity Affidavit. This declaration is often used in situations where parents are not married but want to establish legal paternity. Like the Indiana form, it serves to affirm the father's role in the child's life and can have significant implications for child support and custody arrangements.
When filling out the Indiana Paternity Affidavit 44780 form, it is crucial to approach the task with care. The following list outlines essential do's and don'ts to ensure the process is smooth and legally sound.
Many people have misunderstandings about the Indiana Paternity Affidavit 44780 form. Here are ten common misconceptions, along with explanations to clarify them.
Understanding these misconceptions can help ensure that parents make informed decisions regarding paternity and their rights. Always consider seeking legal advice if you have questions about the process.
When filling out and using the Indiana Paternity Affidavit 44780 form, there are several important points to keep in mind. Understanding these key takeaways can help ensure the process goes smoothly and is completed correctly.
By keeping these key points in mind, individuals can navigate the process of completing and using the Indiana Paternity Affidavit 44780 form more effectively.