Indiana Code 16-37-2-2.1. declarations of paternity; Requirements; To form; joint custody agreement; Fine; effect of the declaration of paternity; genetic test; Possibility to consult » LawServer (2023)

Section 2.1. (a) A paternitysworn declarationmay be carried out as provided in this section by:

(1) a hospital; either

(2) a local health department.

(b) Immediately before or after the birth of an illegitimate child, any person assisting or wishing to assist at the birth, including the personnel of any public or private maternity hospital, shall:

(1) Provide an opportunity to:

(A) the mother of the child; AND

(B) a male reasonably believed to be the biological father of the child;

draft an affidavit acknowledging the paternity of the child; AND

(2) explain orally to the persons listed in subsection (1) the legal effects of any paternity affidavit issued under subsection (j).

(c) An affidavit of paternity must be made on a form provided by the Department of State. The declaration of paternity is only valid if the affidavit is made as follows:

(1) If performed by a hospital, the paternity affidavit must be completed no later than seventy-two (72) hours after the birth of the child.

(2) In the case of enforcement by a locally responsible health authority, the declaration of paternity must be submitted before the child reaches the age of majority.

(d) An affidavit of paternity is invalid if it is issued after the mother of the child has consented to the adoption of the child and an application to adopt the child has been filed.

(e) An oath of paternity form issued under this Section must contain the following:

(1) From the mother:

(A) full name;

(B) Social Security number;

(C) date of birth; AND

(D) Address.

(2) of the father:

(A) full name;

(B) Social Security number;

(C) date of birth; AND

(D) Address.

(3) The child:

(A) full name;

(B) date of birth; AND

(C) Place of birth.

(4) A brief explanation of the legal implications of signing a voluntary declaration of paternity.

(5) A statement signed by both parents stating that:

(A) understand that signing a paternity affidavit is voluntary;

(B) you understand:

(i) your rights and obligations under the affidavit;

(ii) the alternatives to signing the affidavit; AND

(iii) the consequences of signing the affidavit; AND

(C) You have been informed of the alternatives to signing the affidavit.

(6) Separate signature lines for mother and father.

(7) Separate signature lines for the witness or notary showing that the witness or notary saw the parent sign the affidavit.

(f) Before signing a paternity affidavit, both the mother and the father must be informed of the alternatives to signing the affidavit.

(g) An affidavit of paternity issued under this Section must include or be accompanied by:

(1) The mother's sworn statement that a person described in subparagraph (b)(1)(B) is the biological father of the child.

(2) A statement from a person identified as the father under subsection (1) certifying that he is the biological father of the child.

(3) Written information from the youth welfare office in the youth welfare department:

(A) Statement of effect of any paternity affidavit issued as described in subsection (j); AND

(B) Description of the availability of child support enforcement services.

(4) The social security number of each parent.

(h) An affidavit of paternity issued under this Section must contain all of the following:

(1) A statement:

(A) that if the mother and the person described in subsection (g)(2) check the box next to this statement and sign on the signature lines described in subsection (2), the mother and the person described in the subsection (g) ) (2) agree to share joint custody of the child; AND

(B) Joint custody means that the persons who share joint custody:

(i) share authority and responsibility for important decisions related to the child's upbringing, including the child's education, health care, and religious instruction; AND

(ii) have equal access to the child's school and medical records.

(2) Two (2) signature lines located below the information described in subsection (1).

(3) A statement that if the mother and the person described in subparagraph (g)(2) do not agree to share joint custody, the mother shall have sole custody unless a court rules in any proceeding IC §§ 31- 14.

(4) A statement that, even if the mother and the person described in subparagraph (g)(2) share joint custody, the mother will have primary physical custody of the child unless a court rules in any settlement proceeding with IC § 31- 14

(5) A statement that if the mother and the person described in subsection (g)(2) agree to share joint legal custody as described in subsection (1)(A), the joint legal custody agreement is void unless the result of a genetic test performed by an accredited laboratory:

(A) indicates that the person described in subsection (g)(2) is the biological father of the child; AND

(B) submitted to a local health official no later than sixty (60) days after the birth of the child.

(6) A statement with signature lines certifying that a person described in subsection (t) has had an opportunity to consult with an adult chosen by the person.

(i) A woman who knowingly or intentionally misidentifies a man as the biological father of the child under this section commits a Class A misdemeanor.

(j) An affidavit of paternity pursuant to this section:

(1) establish paternity;

(2) gives rise to the rights and responsibilities of the parents of the person described in subsection (g)(2), including:

(A) the right of the mother of the child or the authority under Title IV-D to obtain a support order against the person, which may include an order to provide health insurance coverage; AND

(B) paternity leave in accordance with the paternity leave guidelines issued by the Indiana Supreme Court, unless otherwise determined by a court in a proceeding under IC § 31-14-14; AND

(3) You can be brought before a court by the Department of Child Welfare.

However, if an affidavit of paternity is issued under this section, unless otherwise determined by a court in a proceeding under IC § 31-14, or the mother of the child and the person described in subsection (g) (2) agree, a right to joint custody of the child as described in subsection (h), the mother of the child shall have sole legal and primary physical custody of the child.

(k) Notwithstanding any other law, a man who is a party to a paternity affidavit issued under this section may, within sixty (60) days from the date an affidavit of paternity was issued under this section, section, bring an action in court withjurisdictionabout paternity to request a genetic testing order.

(l) An affidavit of paternity duly issued under this Section may be revoked no later than sixty (60) days after the issuance of the affidavit of paternity unless a court:

(1) has established thisFraud, coercion or material error of fact in the execution of the declaration of paternity; AND

(2) has ordered a genetic test at the request of a man named in paragraph (k) and the test reveals that the man is unable to father the child.

(m) Unless good cause is established, a court may not suspend the legal responsibilities under subsection (j)(2)(A) of a party declared paternity during an affidavit challenge.

(n) The court may not set aside the paternity affidavit unless a genetic test ordered under subsection (k) or (l) rules out the person who made the paternity affidavit as the biological father of the child.

(o) If an affidavit of paternity is not issued pursuant to subsection (b), the hospital where the delivery is performed or a person present at the delivery must inform the mother of the child of the services available to determine The paternity.

(p) Except as provided in this section, when a man has issued a paternity affidavit pursuant to this section, the paternity affidavit issued shall definitively establish the man as the legal father of a child without further judicial process.

(q) If both the mother and the person described in subsection (g)(2) check the box and sign as described in subsection (h)(1)(A), the mother and the person described in subsection (g)(2):

(1) joint custody of the child; AND

(2) Have equal access to the child's school and medical records.

A claim for determination of custody or parental leave by a party who has agreed to joint custody under subsection (h) shall be heard de novo.

(r) Before signing an affidavit of paternity issued under this section, you must separately submit it to:

(1) the child's mother; AND

(2) the man who reasonably appears to be the biological father of the child;

allowing the mother of the child to examine the affidavit alone and without the presence of the man who reasonably appears to be the biological father of the child and the man who reasonably appears to be the biological father of the child to examine the affidavit alone and without the presence may verify the child's mother A signed declaration of paternity is void if the requirements of this subsection are not met.

(s) A joint custody arrangement described in subsection (h) is void if any of the following is true:

(1) A genetic test performed by an accredited laboratory reveals that a person described in paragraph (g)(2) is not the biological father of the child.

(2) A person described in subsection (g)(2) does not have:

(A) to a local health officer; AND

(B) no later than sixty (60) days after the child's date of birth;

the results of a genetic test performed by an accredited laboratory that shows that the person is the biological father of the child.

(t) A person who:

(1) and:

(A) mother of the child; either

(B) person identified as the parent pursuant to subsection (g)(1); AND

(2) under eighteen (18) years of age;

shall have the opportunity to consult with an adult chosen by the person regarding the contents of a paternity affidavit prior to signing the paternity affidavit in accordance with this section. A signed declaration of paternity is void if the person does not have the opportunity to consult with an adult of the person's choosing.

Added by P.L.46-1995, SEC.63. Amended by P.L.133-1995, SEC.14; P.L.1-1997, SEC.93; PL257-1997(ss), SEC.31; PL138-2001, SEC.4; PL145-2006, SEC.140; PL146-2006, SEC.10; PL25-2010, SEC.1; PL128-2012, SEC.19.