1. What does it mean to establish paternity?

Establishing paternity is the legal process used to determine the legal father of a child.

2. What is the easiest way to establish paternity for a child?

The easiest way to establish paternity is for the mother and biological father to voluntarily complete, sign, and have the Affidavit Acknowledging Paternity witnessed at the hospital at the time of their child's birth.

3. Where can someone get an Affidavit Acknowledging Paternity form?

Upon the birth of a child to unmarried parents, hospitals are required to provide an Affidavit Acknowledging Paternity to the parents. They are also required to provide written materials and orally inform them of their rights and responsibilities when establishing paternity. The Affidavit Acknowledging Paternity can also be obtained from the Oklahoma State Division of Vital Records, your local county health departments, Department of Human Services offices, local child support enforcement offices, and is now available online.

4. How much does it cost to establish paternity with the Affidavit Acknowledging Paternity form?

There is no cost to the parents for establishing paternity if it is done before the mother leaves the hospital.

5. If paternity isn't established until later, is there a cost involved if I want to have the father's name put on the birth certificate changed?

If paternity is established after leaving the hospital, there will be a $10 fee to have the father's name added to the birth certificate and to receive a copy of the new birth certificate.

6. Can parents sign the Affidavit Acknowledging Paternity if they are less than 18 years of age?

Yes.

7. What if the parents aren't sure who the father is?

If either the mother or presumed father has any doubts about who the biological father is, they should consider doing genetic testing before signing the Affidavit Acknowledging Paternity.

8. What if the presumed father denies that he is the father?

Genetic tests can be performed. Genetic tests are extremely reliable and the results are accepted as proof of paternity.

9. Is genetic testing expensive? Where can it be done?

Either the mother or presumed father can go to their local child support office and open a child support case to establish paternity for $25. The State will pay the initial costs for the genetic testing. If the test is positive, the biological father may be ordered to reimburse the State $138, the current cost of the testing. This cost is far below that of genetic testing done by private laboratories.

10. Should paternity be established if the mother and father are getting along and both are helping support the child?

Yes, they should establish paternity as soon as possible. Even if the father agrees to help support the child now, he may change his mind later, may become disabled, or even die. So--even if he agrees to support the child now, there are other benefits that are available only if paternity has been established.

11. Will establishing paternity guarantee the biological father visitation or custody rights?

No. Under Oklahoma law, the mother is presumed to have sole custody of a child born outside of marriage. The child's mother and father can agree upon visitation, and the child's father has a right to go to court to seek visitation.

12. Will the father have to pay child support if the Affidavit Acknowledging Paternity is completed, signed, and witnessed?

Both parents have an obligation to support their child from birth. Signing the Affidavit Acknowledging Paternity does not change that obligation.

13. Do blood tests produce more accurate genetic test results when establishing paternity?

The technology behind genetic testing has advanced to a state where, in 1996, the Oklahoma Legislature passed a law allowing buccal swabs to be done in Oklahoma. Without getting detailed, there is substantially more genetic material in the mouth cells than is found in the blood. Thus, there is more material to do the cross matching during the genetic testing when using buccal swabs than there would be in using blood samples.

14. If paternity wasn't established when the baby was born, how can I get paternity established later?

In the paternity process, the noncustodial parent is first notified of the action to establish paternity. Then the noncustodial parent can choose to admit paternity or ask for genetic testing. Once paternity is established, either by noncustodial parent admitting or the genetic test indicating noncustodial parent is the father, the child support and any past due support will be addressed by the court.

15. How long does it take to get results from genetic testing?

It can take 4 to 6 weeks for the results to be received and forwarded to you.

16. Can genetic testing be done if the noncustodial parent is deceased?

Testing can still be done if there is genetic material available such as a blood or tissue sample of the noncustodial parent. Also, testing is possible if the noncustodial parent's parents, the paternal grandparents, are both alive and willing to submit to genetic testing. Contact your case worker and inform him or her of your special circumstances.

17. The noncustodial parent has already undergone genetic testing for one child. Does the noncustodial parent have to undergo another one for each of the other children?

Yes. Even if a noncustodial parent has already had one genetic test for a child, there must be a new genetic test for any other children claimed to be the children of the noncustodial parent.

18. What if the parents live in different places or took the genetic tests on different days?

Genetic testing can be completed even if mother and father reside in different places. The genetic testing lab will coordinate the samples. It is not necessary for each party to be tested on the same day. The results will be reviewed by the genetic testing lab and are not affected by the day or time the testing is conducted.

19. Is genetic testing necessary if the noncustodial parent on the case is the child's biological mother?

Paternity is not an issue when the biological mother is the noncustodial parent of the child(ren).

20. How can I get a copy of the completed Affidavit Acknowleding Paternity (CSED 209 form)?

You will need to make a request in writing to the CSED Paternity Acknowledgment Section, P.O. 53552, OKC, 73152. The request must include the names and SSN of the mother and father, the child's name, date of birth, place of birth and approximate date the acknowledgment (209 form) was signed. The request must be signed by the mother or father as shown on the acknowledgment (209 form) or their attorney and include the address where to send the copy.

21. If I need more information, where can I get it?

For more information, call the CARE Unit at 1-800-522-2922.

-- Oklahoma Department of Human Services,
Child Support Enforcement Division