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Understanding Paternity in Unmarried Couples

Understanding Paternity in Unmarried Couples

Understanding Paternity in Unmarried Couples

July 8, 2023

By Johnson/Turner Legal

Understanding Paternity in Unmarried Couples

July 8, 2023

By Johnson/Turner Legal

Welcoming a New Child: Understanding Paternity in Unmarried Couples

The Joy of Expanding Your Family

The arrival of a new child is an incredibly exciting event, whether it’s your first child or an addition to your growing family. However, the structure of families has evolved significantly over the years. Nowadays, many people choose to have children outside of marriage, leading to different legal considerations regarding paternity.

Establishing Paternity in Unmarried Couples

In cases where parents are married at the child’s birth, the husband is legally presumed to be the father. However, if the parents are unmarried, the biological father must take steps to legally establish paternity. One common method is signing a Recognition of Parentage (ROP).

What is a Voluntary Recognition of Parentage (ROP)?

An ROP is a document that both parents can sign to establish the legal relationship between the child and the father. It’s typically available at the hospital after the child’s birth and must be filed with the Office of Vital Records once both parents sign it.

Pros and Cons of Signing an ROP

Before deciding to sign an ROP, it’s crucial to weigh its advantages and disadvantages:

  • Advantages:
    • Cost and Time Efficient: It’s faster and cheaper than a court procedure.
    • Rights to Custody and Parenting Time: Signing the ROP allows fathers to seek custody and parenting time.
    • Health Insurance and Adoption Notifications: It enables the father to include the child in health insurance plans and grants the right to be notified of adoption proceedings.
  • Disadvantages:
    • Waiving Genetic Testing: Signing an ROP means giving up the right to a genetic test to confirm paternity.
    • Difficulty in Reversing: Once signed, an ROP can be challenging or impossible to undo. Ensure certainty of biological paternity before signing.

Seeking Guidance on Paternity Issues

If you have questions about establishing paternity or the implications of signing an ROP, professional legal guidance is essential. Contact us at (320) 299-4249 to discuss your situation and explore how we can assist you in this process.

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