The Indiana Paternity Affidavit 44780 form is a crucial document utilized to establish paternity for a child born outside of marriage. This affidavit is the first step towards acknowledging the biological father and setting the stage for rights and responsibilities, including custody, support, and visitation. For parents seeking to affirm paternity officially, completing and filing this form correctly is key. Click the button below to get started on filling out your form.
Welcome to the journey through the intricacies of establishing paternity in Indiana. For new parents not married to each other, a critical document known as the Indiana Paternity Affidavit 44780 form serves as a gateway to acknowledging the father's legal relationship with a child. This form not only confirms a father's commitment but also unlocks a myriad of rights and responsibilities, including but not limited to child support, custody, and visitation rights. Moreover, it marks the beginning of a legal link that ensures a child's access to important benefits like health insurance, social security, and inheritance rights. The completion of this form is a voluntary act, yet it carries profound implications for all parties involved. It is a cornerstone for building a legal foundation for a child's future, requiring thoughtful consideration and often, guidance to navigate through its implications and processes.
PATERNITY AFFIDAVIT – HOSPITAL USE
State Form 44780 (R7 / 11-17)
INDIANA STATE DEPARTMENT OF HEALTH
Local Health Department Number
File Date (mm/dd/yyyy)
State File Number
Reset Form
Statutory Authority IC 16-37-2 Confidential: IC 16-37-1-10
PA Number
Before I signed any section of this affidavit I was allowed to review it alone and without the presence of the person listed in Section B. Also, I was given the opportunity to consult with an adult of my choosing.
Signature of Mother
Before I signed any section of this affidavit I was allowed to review it alone and without the presence of the person listed in Section C. Also, I was given the opportunity to consult with an adult of my choosing.
Signature of Father
SECTION A – ACKNOWLEDGEMENT OF PATERNITY
We, ____________________________________________ and ____________________________________________ have read and understand the
Father’s full legal name
Mother’s full legal name
consequences, alternatives, rights and responsibilities regarding this affidavit and being duly sworn upon oath depose and say:
I, ______________________________________ am the biological father of _________________________________________, the Child referred to in
Father’s full legal nameChild’s full name at birth – last name same as Mother
SECTION D of this affidavit who was born on __________________ in ________________________ at ________________________, ____________
(mm/dd/yyyy)CityCountyState
________________________________________________________________________________________________________________________.
Hospital or address of location of birth
I, ___________________________________________ whose maiden name is ___________________________________________, am the mother
Mother’s full legal nameMother’s full maiden name
of the child referred to in Section D of this affidavit and that ____________________________________________ is the biological father of that child.
Therefore, I wish for the birth certificate to identify him as the father.
SECTION B – BIOLOGICAL FATHER’S FACTS OF BIRTH
Full Legal Name
Social Security Number (Pursuant to IC 16-37-2-2.1 (e)(2)(B))
Race (optional)
Date of Birth (mm/dd/yyyy)
Place of Birth (city, state,
and county)
Current Address (number and street, city, state, and ZIP
code)
Telephone number
(
)
Name of employer (optional)
Address of employer (number and street, city, state, and ZIP code) (optional)
Policy number (optional)
Medical insurance company (optional)
SECTION C – BIOLOGICAL MOTHER’S FACTS OF BIRTH
Social Security Number (Pursuant to IC 16-37-2-2.1 (e)(1)(B))
SECTION D – CHILD’S NAME ON INDIANA CERTIFICATE OF BIRTH
It is our mutual desire that the name of our child on the Indiana Certificate of Birth shall be recorded as:
First
Middle
Last
Gender of Child
If known, last four (4) digits
child’s Social Security Number
Male
Female
Not Determined
X X X - X X -
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SECTION E – NOTICE OF CONSEQUENCES, ALTERNATIVES, RIGHTS AND RESPONSIBILITIES
By signing this affidavit, I acknowledge that I have read and understand all of the following:
1.A man should NOT sign this form if he is not sure he is the biological father. I may seek a genetic test before signing this form. Signing a Paternity Affidavit is voluntary. I may not be able to reverse paternity and the legal responsibilities of support associated with it, once I sign a Paternity Affidavit.
2.I may sign a Paternity Affidavit at the local Health Department at any time before the child’s emancipation, as long as there is no father listed on the birth certificate.
3.A woman who knowingly or intentionally falsely names a man as the child’s biological father commits a Class A misdemeanor.
4.I received both written and verbal information about the legal effects of signing a Paternity Affidavit.
5.Since this form has legal consequences, I may want to consult an attorney before signing.
6.This affidavit is void if signed more than seventy-two (72) hours after the birth of the child or if signed after the mother has executed a consent to adoption and a petition to adopt has been filed.
7.If I am the presumed father and do not establish paternity now, but want the right to notice and a hearing regarding any adoption of the child, I must register with the Indiana Putative Father Registry through the Indiana State Department of Health.
8.If the mother is receiving or plans to receive public assistance (TANF or Medicaid), she may be required to cooperate in establishing paternity and obtaining a support order or face losing those benefits.
9.If I do not sign a Paternity Affidavit and am unsure about the paternity of the child, I may contact the Prosecuting Attorney’s office in my county for help establishing paternity. They will help arrange tests to establish paternity.
10.The custodial party may contact the Prosecuting Attorney’s Office in their county for the child support services below through the IV-D program.
●
Establishing paternity
Getting a court order for the payment of child support and medical support
Finding the absent parent
Enforcing child support and medical support orders
11.The completion of this legal document establishes paternity with no further court action required and gives the mother or the IV-D agency the right to obtain a child support order requiring the father to pay support.
12.The father will have parenting time as outlined by the Indiana Parenting Time Guidelines, unless a court rules differently. See www.in.gov/judiciary/rules/parenting.
13.A man has the right to withdraw/rescind his acknowledgment of paternity only within sixty (60) days of the date the Paternity Affidavit is completed. To do so he must file an action in a court with jurisdiction over paternity and may need to submit to and pay for genetic testing per IC 16-37-2-2.1(k- l). After sixty (60) days the father may not be able to reverse paternity, even if genetic tests prove he is not the biological father.
Date (mm/dd/yyyy)
SECTION F – ESTABLISHMENT OF JOINT LEGAL CUSTODY
If both mother and father agree, they may complete this section of the Paternity Affidavit to elect to share joint legal custody of the child named in Section D. Joint legal custody means both mother and father share authority and responsibility for the major decisions concerning the child’s upbringing, including the child’s education, health care and religious training. Also mother and father have equal access to the child’s school and medical records.
(Both signatures are required to share joint legal custody.)
1.
I wish to share joint legal custody of this child with the father listed in Section B of this affidavit.
Signature of Mother (go to 2, then 3): ____________________________________________________
I wish to share joint legal custody of this child with the mother listed in Section C of this affidavit. Signature of Father (go to 2, then 3): _____________________________________________________
2.If you have chosen to share joint legal custody, the mother still has primary physical custody of the child unless another determination is made in a
court proceeding under Indiana Code 31-14.
Initials of Mother: _________ Initials of Father: _________
3.If you agree to share joint legal custody, you MUST submit the results of a genetic test, performed by an accredited laboratory no later than sixty (60) days after the child’s birth, that indicate the father listed in Section B is the biological father of the child. Otherwise, your agreement to share joint legal custody will be void. However the establishment of paternity IS still VALID. Initials of Mother: _________ Initials of Father: _________
4. I do NOT wish to share joint legal custody of this child and I understand this affidavit may still be used to establish paternity if the other sections are properly completed. (Only one signature is required but both may sign.)
Signature of Mother (go to 5): ____________________________________________________
Signature of Father (go to 5): ____________________________________________________
5.If you have chosen NOT to share joint legal custody, the mother has SOLE legal custody unless another determination is made in a court proceeding under Indiana Code 31-14. However the establishment of paternity (SECTIONS A - E) IS still VALID.
Subscribed and sworn to before me, the undersigned, a Notary Public, in and for said county, this ________ day of _______________, 2________.
Signature of Notary
Printed Name of Notary
My Commission Expires (mm,dd,yyyy)
County of Residence
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After the birth of a child to unmarried parents in Indiana, acknowledging paternity becomes a crucial step for ensuring the child’s well-being, securing rights for the father, and establishing responsibilities for both parents. Filling out the Indiana Paternity Affidavit (Form 44780) correctly is essential to this process. This document legally establishes the biological father of the child, which impacts child support, custody, and visitation rights, as well as the child’s entitlement to benefits like health insurance and inheritance rights. Here are the steps to complete the form properly.
The process of affirming paternity has far-reaching implications for the child, the parents, and their families. By carefully completing the Indiana Paternity Affidavit, parents take a vital step towards securing the child’s future and establishing a legal framework for parental rights and responsibilities. Once the form is correctly filled out, notarized, and submitted, parties involved can move forward in making informed decisions regarding the child’s upbringing, support, and care.
What is the Indiana Paternity Affidavit 44780 form?
This form is a legal document that provides a way for the father of a child born out of wedlock in Indiana to establish paternity voluntarily. By signing this affidavit, the father acknowledges legal responsibility and establishes legal rights to the child.
Who needs to sign the Indiana Paternity Affidavit 44780 form?
Both the biological mother and the father wishing to acknowledge paternity must sign the affidavit. Their signatures must be notarized to validate the affidavit.
Where can one obtain the Indiana Paternity Affidavit 44780 form?
This form is available at hospitals, local health departments, and the offices of the county health department in Indiana. It can also be downloaded from the official website of the Indiana State Department of Health.
Is there a deadline to sign the Indiana Paternity Affidavit 44780 form after a child’s birth?
No specific deadline exists for signing the affidavit. However, it's generally advisable to complete this process at the hospital shortly after the child's birth to ensure that the father's name is added to the birth certificate promptly.
What are the benefits of signing the Indiana Paternity Affidavit 44780 form?
Signing the affidavit allows the father to have his name added to the child's birth certificate, grants him the right to seek custody or visitation, and makes the child eligible for benefits like health insurance, social security, and inheritance rights from the father.
Can the Indiana Paternity Affidavit 44780 be rescinded once it is signed?
Yes, either parent may rescind the affidavit by filing a petition with a court within 60 days of signing the affidavit unless an earlier court order related to the child has been entered. Legal advice is recommended when considering this option.
What happens if a father is uncertain about his paternity when asked to sign the form?
If there is any doubt about paternity, it's advisable not to sign the affidavit. One can seek a paternity test to establish biological paternity before signing any legal document acknowledging paternity.
Are there any costs associated with the Indiana Paternity Affidavit 44780?
There is no fee for completing or filing the affidavit itself. However, if a paternity test is requested, the individuals involved may bear the cost unless they qualify for financial assistance through the state or local programs.
Filling out the Indiana Paternity Affidavit 44780 form is an important step in establishing paternity for a child. This legal document holds significant implications for parental rights, child support, and the child's identification documents. However, individuals often encounter difficulties during this process, leading to mistakes that can have long-lasting effects. Below are 10 common mistakes to avoid.
Avoiding these mistakes can help ensure that the paternity establishment process is smooth and that the legal rights of the child, as well as those of the parents, are properly recognized. It is in everyone's interest to approach the completion of the Indiana Paternity Affidavit 44780 form with the seriousness and attention it demands.
When in doubt, seeking assistance from a knowledgeable professional can provide guidance and peace of mind. This process not only affects the parents but more importantly, has a profound impact on the child’s future.
When it comes to establishing paternity in Indiana, the Paternity Affidavit Form 44780 is a crucial document. It is often not the only paper filed in the process, as several other forms and documents usually accompany or follow its submission to ensure that all legal, financial, and emotional aspects of paternity are addressed comprehensively. Each document serves its unique purpose, contributing to a clearer understanding of the rights and responsibilities of the parents. Below is a list of additional documents commonly used alongside the Indiana Paternity Affidavit 44780.
Understanding and navigating the documentation required after completing the Indiana Paternity Affidavit 44780 can be complex. However, each form plays an integral role in safeguarding the child's best interests, providing legal recognition of the father, and ensuring that the rights and responsibilities of all parties involved are clearly defined and protected. By familiarizing oneself with these documents, parents can better navigate the legal landscape concerning paternity in Indiana, making informed decisions that benefit their child's future.
The Indiana Paternity Affidavit 44780 shares similarities with the Acknowledgment of Paternity (AOP) forms used in many states. Both documents serve the primary function of legally establishing the fatherhood of a child between unmarried parents. By signing these forms, the father acknowledges his paternity and legal ties to the child, which is crucial for matters like child support, custody, and inheritance rights. These acknowledgments, while varying slightly in formatting and specific requirements between states, all facilitate the same legal acknowledgment of paternity.
Another document closely related to the Indiana Paternity Affidavit is the Voluntary Declaration of Parentage (VDOP). Similar to the paternity affidavit, the VDOP is used to acknowledge the legal parentage of a child, typically outside of marriage. This form's purpose is central to ensuring that both parents are recognized legally, which directly impacts the child's entitlement to benefits such as social security, health insurance, and financial support from both parents.
The Birth Certificate Application form, while not directly establishing paternity, often involves the use of paternity affidavits like Indiana's 44780 form. When the father's details are to be included on a birth certificate for a child born to unmarried parents, a paternity affidavit must be completed to legally recognize the father. This connection underscores the importance of such affidavits in ensuring the child's rightful claim to identity and familial ties.
Child Custody and Support Agreement forms also share a connection with the Indiana Paternity Affidavit. Once paternity is established through forms like the 44780, it lays the groundwork for negotiating child support payments and custody arrangements. These agreements are vital for outlining the responsibilities and rights of each parent towards the child, tailored to serve the child’s best interests.
The Petition for Child Support form parallels the Paternity Affidavit since establishing paternity is often a prerequisite for filing this petition. This form initiates legal proceedings to secure financial support for a child from the non-custodial parent, illustrating the affidavit's significance in child support matters.
Similarly, the Petition to Establish Parenting Time is related to the Indiana Paternity Affidavit in that confirmed paternity can be essential for a father seeking visitation rights or custody. This form is used to request the court to set a schedule that allows the non-custodial parent to spend time with their child, highlighting the affidavit's role in facilitating meaningful relationships between a father and his child.
The Order of Filiation form, used in some jurisdictions, also has a connection with the Indiana Paternity Affidavit. This court order establishes the legal parent-child relationship, typically as a result of paternity testing or an affidavit of paternity. Such orders are crucial for enforcing child support, custody, and visitation rights.
Modification of Child Support forms may require information from a paternity affidavit like Indiana's 44780. When circumstances change, this form is used to adjust the amount of child support, reflecting the legal acknowledgment of paternity and its implications for financial responsibility to the child.
The Application for Social Security Benefits on Behalf of a Child also intersects with the Indiana Paternity Affidavit. Establishing paternity through such affidavits can be necessary for a child to qualify for benefits under a parent's Social Security, highlighting the form's importance beyond just legal acknowledgment of fatherhood.
Lastly, the Healthcare Enrollment forms for children can require details provided by the Indiana Paternity Affidavit to ensure that the child receives healthcare benefits under a parent's policy. This demonstrates the affidavit’s broader implications, influencing areas such as healthcare, by legally establishing paternity.
When filling out the Indiana Paternity Affidavit 44780 form, it's important to approach the task with attention to detail and a clear understanding of the implications of the document. This form is a legal declaration of paternity, and as such, it has significant legal consequences for the child, the mother, and the presumed father. Here are five things you should do, followed by five things you shouldn't do to ensure the process is handled correctly.
Things You Should Do
Things You Shouldn't Do
Completing the Indiana Paternity Affidavit 44780 form is a serious matter that requires careful thought and precision. By following these dos and don'ts, individuals can ensure the process is conducted properly, safeguarding the rights and responsibilities of all involved.
When dealing with the Indiana Paternity Affidavit 44780 form, individuals may come across various misconceptions. These misunderstandings can impact the decisions made regarding paternity acknowledgment. It is important to clarify these misconceptions to ensure individuals are fully informed and can make decisions that best suit their situation.
The Indiana Paternity Affidavit, Form 44780, is a critical document employed to acknowledge paternity for a child born out of wedlock. Understanding how to correctly complete and use this form is essential for ensuring the child’s legal rights and benefits. Here are six key takeaways about filling out and using this form:
Using the Indiana Paternity Affidavit, Form 44780, is a practical approach for acknowledging paternity. By following these guidelines, parents can confidently navigate the process, ensuring their child gains all legal protections and benefits entitled to them.
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