Questions About Marriage
1. The baby’s mother and I are married to each other. Do we need to sign the AOP?
No. The AOP establishes paternity for unmarried couples. Married couples do not need to sign an AOP because District law presumes that the husband is the father if the mother and father were married when the child was conceived (when the mother became pregnant) or born. District law also presumes that the husband is the father if the parents married after the child was born and the father acknowledges the child as his.
2. My wife and I married in another country before we came to the U.S. Do we need to sign an AOP?
If you were married in another country you should not need to sign an AOP to establish paternity. If there is a question, you may be asked to show your marriage certificate.
3. I am the child’s father, but I am married to someone else. Can I still acknowledge paternity?
Yes. A man can legally acknowledge paternity of a child who is born to a woman other than his wife.
4. The mother is married and her husband is not the father. Can we still acknowledge paternity?
Because of District laws concerning paternity and marriage, this situation may not be appropriate for an AOP. You may want to speak with a lawyer about the best way to establish paternity. You may need to file a paternity case in court.
5. My baby’s mother and I have been living together for several years and we consider ourselves married. Can’t my name go on my baby’s birth certificate?
Under certain very stringent conditions, District law recognizes a couple as married if they live together and hold themselves out to the community as married. But because the conditions are so stringent, the only way the be sure that the father’s name will be put on the birth certificate is for the parents to establish paternity through either an AOP or a court order.
