1. Why is having a child a big deal? 
There are many different answers to this question.  One reason is because each parent, whether the mother or the father, is responsible for the child’s well-being.  Your baby cannot take care of herself or himself; as the parent, you have to feed, clothe, house, keep safe, entertain, teach, and love your child.  The emotional and financial responsibility on each parent is huge.

 

2. What is paternity? 
Paternity is fatherhood or being a father.  If the parents are married to each other when the child is born, it is generally not questioned that the husband is the father.  But paternity is in question when a child is born to unmarried parents.  If a child's parents are not married, paternity can be established through voluntary acknowledgement of paternity or through court proceedings.

 

3. What does voluntary acknowledgement cost?
There is no cost to voluntarily acknowledge paternity.  The DC division of Vital Records charges a $6.00 fee to add a father’s name to the child’s birth certificate. 

 

4. Why should I establish paternity? 
If you are the child’s biological father, the reasons you should establish paternity include the benefits it will give your child:

 

Father’s name on the birth certificate.  If the parents are not married, the father’s name cannot be on the birth certificate unless paternity is established
Identity.  When a child knows who he or she is, and has the sense of belonging that knowing both parents can bring, it gives the child a head start
Medical history.  Knowing the medical histories of both parents can help doctors better treat the child
Inheritance and financial benefits.  If paternity is established, a child can inherit from both parents.  The child can also receive money or other benefits through each parent from programs such as Social Security, veteran's benefits, pensions and health care
Support.  A child has the right to food, clothing and a home.  A child supported by only one parent often does not have enough money to meet his/her needs

 

5. The child’s mother and I are not married.  Will my name be on the child’s birth certificate as the father?
If the mother and father are not married, the father’s name cannot be on the birth certificate unless paternity is established.

 

6. My child’s mother and I are not married.  How do I establish paternity for my child?
There are two ways to establish paternity: 
• You and the mother can both sign an Acknowledgement of Paternity (AOP), following all of the legal requirements; or 
• A court can determine, and issue an Order, that you are the child’s father.   
7. What is an Acknowledgment of Paternity?
An Acknowledgement of Paternity (AOP) is a legal document that is signed by the biological mother and father in which the man is acknowledged to be the biological father.  If the document complies with District law it will, by itself, operate to establish paternity.  The relevant District law is D.C. Official Code § 16-909.01(a)(1)).

 

8. What rights does establishing paternity give me, the father?
When paternity is established, the father has the same rights (and responsibilities) for the child that the mother has.  These rights include the right to request that a court enter an order determining the child’s custody and, for a non-custodial parent, the right to visitation with the child.  The right to visitation can be enforced by going to court.  Among a parent’s other rights are the right to inheritance and to make decisions concerning the child’s education, medical care, and other matters of legal significance.  Each of these rights can be enforced by a court.

 

9. What responsibilities does establishing paternity give me, the father?
When paternity is established, the father has the same responsibilities (and rights) for the child that the mother has.  These responsibilities include providing the child with financial support. 

 

10. If I acknowledge paternity, will I get to see the child?
If a man has acknowledged paternity, he has the right to visit with his child.  He can ask the court to enforce that right by issuing a visitation order.  A visitation order could, for example, spell out dates and times that the father can visit the child.

 

11. If I pay support, will I get to see my child?
A man who has acknowledged paternity has the right to visit with his child.  The father can seek to enforce that right by going to court to get a visitation order.  If a man pays child support the court may take that into consideration in determining whether and how much visitation he should have. 

 

12. I have established paternity.  Can I ask for custody of the child?
The child’s mother and father both have all the rights and responsibilities of a parent as established by District of Columbia law.  These rights include the right to go to court for an order determining the child’s custody.  All custody and visitation issues are handled at the Family Court of the Superior Court of the District of Columbia. To file for custody, visit the Family Court Intake Center of the Family Court Self-Help Center. Call (202) 879-1010 for more information.

 

13. My child’s mother and I are not married, but we are getting along, and I help to pay for things the child needs.  Why should we establish paternity?
It is wonderful when unmarried parents get along, and collaborate on the child’s needs.  But unless paternity is established, neither you nor the child will have the full benefits of being father and child. 

 

You will not be seen as the child’s father by the outside world.  You will not be identified as the father on the child’s birth certificate, and the child will not be able to have your last name.  Schools and hospitals will not provide you with information about the child.  The child will not inherit from you, or receive benefits through you such as retirement benefits.  You cannot go to court to ask for visitation or custody of the child.

 

14. We are getting married soon.  Why should we establish paternity?
You should establish paternity because until and unless paternity is established, neither you nor the child will have the full benefits of being father and child.  If something happens to you or the mother before you marry, it will be difficult, and perhaps impossible, to establish paternity.

 

15. Our child is 7 years old.  Can the mother and I establish paternity through an Acknowledgement of Paternity?
Yes, in the District the Acknowledgement of Paternity can be used to establish paternity at least until the child is 21 years old. 

 

16. Does the mother have to name the child’s father and establish paternity?
There is no law that requires the mother to name her child’s father and establish paternity.

 

But, if the mother is receiving certain kinds of public assistance for the child, including TANF and Medical Assistance, she must cooperate with the Child Support Services Division in establishing the child's father unless there is good cause for her not to cooperate.  “Good cause” is generally found if efforts to cooperate are “reasonably anticipated” to result in physical, sexual, or emotional harm to the child, mother or other household or family members, or would otherwise be detrimental to the child. 

 

17. I am not 18 years old yet.  Can I acknowledge paternity?
Yes, District law permits people who are less than 18 years of age to acknowledge paternity.

 

But if you are younger than 18, remember that you can consult with your parents, a lawyer or another adult before you acknowledge paternity.  You can also ask for a genetic test before you acknowledge paternity.

 

18. The mother told me she was using birth control.  I should not be responsible for the baby.
District law does not distinguish between men who agreed to become fathers and those who believe that they did not agree or that they were “tricked” into becoming a father because the woman said she was using birth control, could not have children or some other reason.  Under District law, the father of the child is still responsible for the child.

 

That may seem harsh, but any other result would punish the child, and the child is the innocent in the situation.

 

The only way a man can be sure that he is not responsible for a child he does not want is not to have sex unless he is ready and willing to be a father. 

 

19. I am not sure I am the father.  Should I sign the Acknowledgement of Paternity?
No, if you are not sure that you are the child’s biological father you should not sign the AOP.  Only the child’s biological mother and father should sign. 
 
20. If I deny paternity, what rights do I have concerning my child? 
You will not have any of the rights of a father for his child until and unless you are legally determined to be the father. 

 

21. What happens if I deny paternity? 
Once paternity is denied, a DNA (genetic) test may be ordered by the court and all parties (parents and minor child(ren)) are required to submit to testing. 

 

22. Do I have to submit a blood sample for the DNA test?
No.  A sample of each person’s DNA is taken by swiping a cotton swab inside the mouth.

 

23. How much does a DNA test cost?  Where is the lab?
The fee is approximately $53 per person.  The lab is located in the courthouse.

 

24. What if I can’t afford the DNA test?
No problem.  The District of Columbia government will pay for the cost of the testing once you make a request.  However, if the test results in a positive finding of paternity, you must reimburse the government for the cost of the testing.  If it is negative, you owe nothing for the test.  The custodial parent is not responsible for any testing costs.

 

25. I just received my DNA test results in the mail and they are positive. I’m happy to be a father, but I don’t have all of the money right now to repay the test fees. What should I do?
Don’t worry. You can repay the fee in installment amounts of as little as $5.00 per month which can be paid along with your support order.