There is an incredible feeling that overwhelms you the first time you hold your baby in your arms. Competing with the powerful emotion of love is the desire to protect them at all costs.
But if you are a father and your name isn’t on the birth certificate, you have no legal rights regarding your child.
How is paternity established in Mississippi?
If the mother is married when she gives birth, the husband is the assumed biological father and is listed on the birth certificate. It becomes a little more complicated for unmarried couples.
A Simple Acknowledgment of Paternity (ASAP) is the most straightforward way to establish paternity. Both parents can sign this form at the hospital when the child is born. The father’s name is added to the birth certificate, which is then filed with the ASAP. If it’s not completed at the hospital, the parents have until the child is 21 to file one. However, it can only be rescinded within the child’s first year.
If there is some dispute regarding paternity, or one parent is unwilling to sign the ASAP, a petition can be filed with the court to establish paternity. In some cases, genetic testing may be required for confirmation.
Establishing paternity provides crucial legal rights to both the child and the father. The father can seek custody and visitation of their child. It also helps ensure that both parents are contributing to the child’s financial support.
In addition, it helps to provide a complete medical history for the child, which can help address potential health issues. The child can gain access to inheritance rights, health insurance and government benefits like Social Security through legal paternity.
On a personal level, it provides the child with a greater sense of identity and the opportunity to know their extended family.
If you are attempting to establish paternity to secure your legal rights, you should discuss your situation with someone who can assist you with the process.