Should You Sign a Paternity Affidavit in Indiana? What Parents Need to Know
When a child is born to unmarried parents in Indiana, hospitals often provide a paternity affidavit for the parents to sign shortly after birth. While the form may appear straightforward, signing a paternity affidavit can have significant legal consequences related to child support, custody, and parenting time. Before signing, it is important for parents to understand what the document means and how it may affect their legal rights in the future.
What Is a Paternity Affidavit?
A paternity affidavit is a legal document used to establish the biological father of a child when the parents are not married. Hospitals typically offer the form within the first 72 hours after the child is born. Although the document notes that parents have the opportunity to consult with an adult or advisor before signing, many people sign the affidavit without first speaking to an attorney.
It is important to know that parents are not required to sign the form during the hospital stay. If the 72-hour window is missed, the affidavit can still be completed later through the local health department.
Purpose and Legal Effects of Signing
The paternity affidavit allows parents to establish legal paternity without going through a court process. By signing the document, both parents agree that the man listed on the affidavit is the biological father of the child.
Once paternity is established, the mother may pursue child support through the court system, and the father may request parenting time under the Indiana Parenting Time Guidelines. In some cases, parents may also agree to share joint legal custody while the mother retains primary physical custody. However, these agreements may depend on confirmation through genetic testing.
Can a Paternity Affidavit Be Rescinded?
Once signed, a paternity affidavit can usually only be rescinded within 60 days. During that time, the man who signed the affidavit must file a court action requesting genetic testing. If the test proves that he is not the biological father, the court may set aside the affidavit.
After the 60-day period, the law becomes much more restrictive. Courts will generally only allow the affidavit to be challenged if there is evidence of fraud, duress, or a material mistake of fact, and genetic testing confirms that the signer is not the biological father.
Important Considerations Before Signing
Emotions can run high at the birth of a child, and many parents may not fully consider the legal implications of signing a paternity affidavit immediately. It is important to understand that signing the document is voluntary and can be completed later if parents want additional time to consider their options.
A man should not sign a paternity affidavit if he is uncertain about being the biological father. Establishing paternity is generally easier than undoing it. Genetic testing can help resolve any uncertainty before legal paternity is established.
Frequently Asked Questions About Paternity Affidavits in Indiana
Can a paternity affidavit be revoked in Indiana?
Yes. A paternity affidavit can typically be rescinded within 60 days if a court action is filed and genetic testing is requested.
Is signing a paternity affidavit required at the hospital?
No. Parents are not required to sign the document at the hospital and may establish paternity later through the health department or the courts.
What happens if the wrong person signs a paternity affidavit?
If genetic testing later shows the signer is not the biological father, the affidavit may only be challenged under limited circumstances after the initial rescission period.
Need Help With a Paternity Matter in Indiana?
Questions about paternity, custody, and parenting time can be complicated. The attorneys at The Nice Law Firm help parents understand their rights and protect their families. If you need guidance on a paternity issue, contact our Indiana family law attorneys today.
