Outline
The journey of establishing paternity is an important step for parents wishing to affirm the legal father of a child in Indiana. The Indiana Paternity Affidavit 44780 form plays a pivotal role in this process. It serves as a voluntary acknowledgement, allowing the father’s name to be added to the birth certificate without the need for court involvement. This form is typically completed at the hospital soon after a child's birth, but can also be filled out later by visiting a local health department. It's essential for both parents to understand that signing this affidavit is a significant legal act with long-lasting implications, including responsibilities for child support, custody, and visitation rights. Furthermore, the process outlined by this form also offers fathers the chance to establish a legal connection with their child from the start, ensuring they have a rightful place in their child's life. Consequently, familiarizing oneself with the requirements and consequences tied to the Indiana Paternity Affidavit 44780 is crucial for parents navigating the paternity testing and acknowledgement journey.
Form Example
PATERNITY AFFIDAVIT – HOSPITAL USE
State Form 44780 (R7 /
INDIANA STATE DEPARTMENT OF HEALTH
Local Health Department Number |
File Date (mm/dd/yyyy) |
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Statutory Authority IC
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
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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.
Father’s full legal name
Therefore, I wish for the birth certificate to identify him as the father.
SECTION B – BIOLOGICAL FATHER’S FACTS OF BIRTH
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SECTION C – BIOLOGICAL MOTHER’S FACTS OF BIRTH |
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Full Legal Name |
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Current Address (number and street, city, state, and ZIP |
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SECTION D – CHILD’S NAME ON INDIANA CERTIFICATE OF BIRTH |
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It is our mutual desire that the name of our child on the Indiana Certificate of Birth shall be recorded as: |
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If known, last four (4) digits |
child’s Social Security Number |
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X X X - X X - |
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Page 1 of 2
Local Health Department Number
File Date (mm/dd/yyyy)
State File Number
PA Number
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
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
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Establishing paternity |
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Getting a court order for the payment of child support and medical support |
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Finding the absent parent |
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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
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
Signature of Mother
Signature of Father
Date (mm/dd/yyyy)
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 |
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
Initials of Mother: _________ Initials of Father: _________
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
Page 2 of 2
Document Features
| Fact Name | Description |
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| Purpose | The Indiana Paternity Affidavit 44780 form is designed to establish the paternity of a child, typically at the hospital right after the birth, but it can also be completed after leaving the hospital. |
| Governing Law | It is governed by Indiana Code Title 31-14, which covers the laws relating to the establishment of paternity in the state of Indiana. |
| Who Can Sign | The form must be signed by both the mother and the alleged father of the child in order to be considered valid. |
| Voluntariness | Signing the form is voluntary. However, not signing it means paternity will have to be established through a court order at a later time. |
| Consequences of Signing | By signing the form, the father acknowledges paternity and assumes legal rights and responsibilities for the child. |
| Notarization | The signatures on the form must be notarized to ensure its authenticity and to make it legally binding. |
| Revocation Period | There is a 60-day period after signing during which either parent can rescind the affidavit by filing a petition in court, after which the affidavit becomes irrevocable unless proven in court that it was signed based on fraud, duress, or material mistake of fact. |
| Benefits | Signing the affidavit facilitates the process of adding the father's name to the birth certificate, and it helps with issues related to custody, visit Broncos Visa Cardation rights, and child support without going through court proceedings. |
How to Use Indiana Paternity Affidavit 44780
Once the Indiana Paternity Affidavit 44780 form is filled out, it marks an important step in legally acknowledging paternity. This process is essential for establishing a legal relationship between a father and his child. Ensuring the form is completed accurately is crucial, as it impacts parental rights, child support, and the child's legal identity. The instructions provided below guide you through each step of filling out the form to ensure all necessary information is included and submitted properly.
- Start by entering the child’s full name as it appears on the birth certificate in the space provided.
- Fill in the child’s date of birth, including the month, day, and year.
- Enter the mother’s full name, ensuring it matches the name listed on the child’s birth certificate.
- Provide the father’s full name. This should be the legal name of the man recognizing paternity.
- Detail the mother’s Social Security Number (SSN) in the designated area. If the mother doesn’t have an SSN, check the box indicating this.
- Similarly, fill in the father’s Social Security Number (SSN). Mark the corresponding box if an SSN is not available.
- The form requires the addresses of both parents. Include city, state, and ZIP code for each.
- Both parents must read the acknowledgment and consent section carefully. This section outlines the legal implications of signing the affidavit.
- Ensure the date of signing the affidavit is correctly filled in, reflecting when both parents agree to the terms described within the document.
- Lastly, both the mother and father must sign the affidavit in the presence of a notary public. The notary will then fill in their section, affirming the identities of both signatories.
After completing these steps, the filled affidavit should be submitted to the appropriate local or state office, as directed in the instructions accompanying the form. It's recommended to keep a copy of the signed affidavit for personal records. Successfully submitting this form plays a pivotal role in establishing paternity, with significant implications for both the child's and the parents' rights and responsibilities.
Listed Questions and Answers
What is the purpose of the Indiana Paternity Affidavit 44780 form?
The Indiana Paternity Affidavit 44780 form is used to establish paternity when a child is born to unmarried parents. By signing this document, the alleged father can acknowledge paternity voluntarily, enabling the child to have a legal father. This acknowledgment facilitates the father's rights to visitation and custody, and it also imposes a responsibility for child support. Additionally, it plays a crucial part in determining the child's eligibility for benefits, such as health insurance and inheritance rights, under the father's name.
Who should complete the Indiana Paternity Affidavit 44780 form?
This form should be completed by the child's biological mother and the man who is acknowledging that he is the father of the child. It's important that both parties understand the legal implications of signing this document, as it is a voluntary admission of paternity and has significant legal ramifications concerning the rights and responsibilities of the father.
When should the Indiana Paternity Affidavit 44780 form be filed?
It is advisable to complete and file the Indiana Paternity Affidavit 44780 form at the hospital or birthing center immediately following the child's birth. However, if it is not filed at the time of birth, the form can still be completed and filed at a later date through the local health department or the county's Vital Records office. Timeliness is key, as delaying the filing process can complicate matters related to paternity, child support, and other legal issues.
How does one obtain the Indiana Paternity Affidavit 44780 form?
The form can be obtained in several ways. It is most commonly provided by hospital and birthing center staff at the time of a child's birth. Additionally, it can be acquired from the local health department or the county's Vital Records office. The form is also available for download from the official website of the Indiana Department of Health, ensuring accessibility for all parties involved.
What information is required on the Indiana Paternity Affidavit 44780 form?
The Indiana Paternity Affidavit 44780 form requires detailed information from both the mother and the father. This includes, but is not limited to, full legal names, addresses, dates of birth, and Social Security numbers of both parents. Information regarding the child needs to be provided as well, such as the child's full name, date of birth, and place of birth. Signatures of both parents are also necessary, witnessed by a notary public or another authorized individual, to complete the affidavit.
Are there any fees associated with filing the Indiana Paternity Affidavit 44780 form?
No, there are typically no fees required to file the Indiana Paternity Affidariat 44780 form. This policy facilitates the process, ensuring that financial barriers do not impede the establishment of paternity. It's essential, however, to verify with the specific office where you plan to file, as policies may vary by location.
What steps should be taken after the Indiana Paternity Affidavit 44780 form is filed?
- Ensure that both parents receive a copy of the fully executed form for their records.
- The information should be submitted to the Indiana Department of Health for the acknowledgment of paternity to be officially recorded.
- Following the recording, it might be necessary to update the child's birth certificate to include the father's name. This can be done through a request to the Vital Records office.
- Consider contacting an attorney to understand the ramifications of the affidavit, especially regarding parental rights, child support, custody, and visitation.
- It's also advisable to update relevant documents and notify institutions that may require this information, such as health insurance companies, to include the child in the father's plan.
Common mistakes
When completing the Indiana Paternity Affidavit 44780 form, individuals often inadvertently make errors that can have significant implications. The form is a legal document used to establish paternity for a child born outside of marriage in the state of Indiana. Proper completion of this document is crucial, as it affects parental rights, child support, and custody issues. Here are four common mistakes made:
Not thoroughly reading the instructions: Many individuals fill out the form without carefully reading the instructions. This oversight can lead to incorrect or incomplete information, which might complicate the legal process.
Filling out the form in haste: Rushing through the completion process can result in errors or omissions. It's important to take the time to accurately fill out each section to ensure all information is correct and comprehensive.
Using incorrect information: Sometimes, individuals provide inaccurate details, such as misspelled names or wrong dates. This can lead to issues with the child's legal identification and may require legal action to correct.
Failure to have the form notarized: The Indiana Paternity Affidavit 44780 form must be signed in the presence of a notary public to be legally binding. Skipping this step or assuming it can be done later is a mistake that can invalidate the affidavit.
It's essential for individuals to approach the completion of the Indiana Paternity Affidavit 44780 with care and attention to detail. Avoiding these common errors can help ensure the process is smooth and the legal recognition of paternity is established without unnecessary complications.
Documents used along the form
In Indiana, establishing paternity is an essential process for recognizing the legal relationship between a father and his child. Alongside the Indiana Paternity Affidavit 44780 form, several other documents are commonly used to ensure that the paternity establishment process is thorough and legally sound. These forms and documents often serve to provide additional information, confirm details, or adhere to specific legal requirements. Understanding each document's purpose can help streamline the process and ensure all legal bases are covered.
- Birth Certificate Request Form: After paternity is established, a new or amended birth certificate may be issued to include the father's name. This request form is necessary for ordering the updated birth certificate from the relevant state department or agency.
- Vital Records Correction Form: If there are errors or changes needed to be made to a birth record as a result of establishing paternity, this form allows parents to request corrections or amendments to vital records, ensuring accurate documentation of the child's lineage.
- Voluntary Support Agreement Form: This document is used when both parents agree on child support payments outside of court. It outlines the terms of the support agreement, including the amount and frequency of payments, and is often submitted to a court for approval.
- Parenting Time (Visitation) Agreement Form: Establishing paternity also involves determining the father's rights to parenting time or visitation. This form allows parents to outline and agree upon a schedule for the non-custodial parent's visitation rights, which can then be approved by the court.
- Child Support Worksheet: Used during the legal process to determine the appropriate amount of child support, this worksheet takes into account the incomes of both parents, the child's needs, and other relevant factors to calculate the child support obligation in accordance with Indiana's guidelines.
Together with the Indiana Paternity Affiliation 44780 form, these documents play a crucial role in the paternity establishment process, each addressing different aspects of legal and parental responsibilities. By accurately completing and submitting these documents, parents can ensure that their child's rights and wellbeing are safeguarded under the law. It's important for individuals going through this process to consult with legal professionals to ensure all paperwork is properly managed and filed.
Similar forms
The Indiana Paternity Affidavit 44780 form is similar to other documents used within the legal and healthcare systems to establish or denote important personal information about relationships and identities. These documents play a crucial role in defining legal rights, responsibilities, and benefits. Among these, the Indiana Paternity Affidavit shares similarities with the Voluntary Acknowledgement of Paternity (VAP) forms used in other states, the Birth Certificate Application form, and the Application for a Social Security Card for a child. Each document, while distinct in its use and application, intersects at the juncture of legally recording familial ties or personal identity.
The form is similar to Voluntary Acknowledgment of Paternity (VAP) forms used in other states in several ways. Both serve as legal instruments to establish the paternity of a child outside of marriage, thereby making it possible for the father's name to be added to the child's birth certificate. They are designed to be signed at the hospital shortly after a child's birth or at a later date through health departments or child support offices. Both forms require the voluntary agreement of both parents and, once signed, confer rights and responsibilities upon the father, such as child support obligations and custody rights.
Similarly, the Indiana Paternity Affidavit 44780 form shares characteristics with the Birth Certificate Application form. Both documents are integral to the process of legally documenting a child’s birth and establishing identity. They collect vital information about the child, including the child’s name, date of birth, and parental information. The key difference lies in the function; while the Paternity Affidavit is specifically focused on establishing paternity, the Birth Certificate Application is broader in scope, serving as the official record of a child's birth and identity.
Last, comparing the Indiana Paternity Affidavit to an Application for a Social Security Card for a child reveals similarities in their purpose of facilitating rights and benefits. Both documents are essential for ensuring that a child is officially recognized under law and can access benefits and services, such as health insurance and education. Each form acts as a foundational step in safeguarding a child’s future welfare and access to government programs. However, the Application for a Social Security Card specifically provides the child with a unique identification number for life, while the Paternity Affidavit focuses on establishing the legal father-child relationship.
Dos and Don'ts
Completing the Indiana Paternity Affidavit 44780 form is an important step in establishing the paternity of a child. To assist with this process, here’s a thoughtful guide on what you should and shouldn't do:
- Do carefully read all the instructions before you start filling out the form to ensure you understand every requirement.
- Do fill out the form with accurate information to the best of your knowledge; errors can lead to unnecessary delays or legal complications.
- Do use black ink as it's required for most official documents for clarity and legibility purposes.
- Do verify all dates, such as the child’s birth date, ensuring they are correct.
- Don’t leave any sections blank unless the form specifically instructs you to do so; incomplete forms may be considered invalid.
- Don’t guess on information. If there's something you're unsure about, it's better to seek clarification than to provide incorrect details.
- Don’t sign the affidavit if you have any doubts about paternity; signing the affidavit has legal implications and rights attached to it.
- Don’t forget to keep a copy of the completed form for your records. Having proof of the affidavit and its submission date can be crucial for future reference.
Misconceptions
The Indiana Paternity Affidavit, Form 44780, is an important document for establishing paternity, yet several misconceptions surround it. Here's a clearer understanding:
It's only for unmarried couples. Many people believe the affidavit is solely for those who aren't married. However, it's also used by married couples in certain situations, such as when the husband doubts paternity.
Signing it automatically grants custody rights. This is a common misconception. While the form does establish legal paternity, custody rights are determined separately and may require court intervention.
There's no way to contest it after signing. Actually, there are circumstances under which the affidavit can be challenged in court, especially if new evidence comes to light.
It must be signed right after the birth. Though often signed at the hospital shortly after a child's birth, there's a window of time post-birth during which the form can be completed and filed.
Paternity can only be established through this affidavit. This form is just one method. Paternity can also be established through court action, where genetic testing may be involved.
The process is complicated. The notion that the process is excessively complex deters some from signing it. In reality, it's a straightforward form, and help is available for those who need it.
It's only beneficial for the mother. Both parents, as well as the child, stand to benefit from the legal establishment of paternity through rights, responsibilities, and access to family medical history.
Paternity Affidavit has no effect on child support. Contrary to this belief, establishing paternity is a crucial step toward securing a child support order, as it legally identifies the father.
Only the father needs to agree. Both the mother and father must agree to the affidavit for it to be valid. It's a mutual agreement acknowledging paternity.
The form is only valid in Indiana. While it's true that this specific form is for Indiana, the legal establishment of paternity has implications that can extend beyond state lines, influencing child support, custody, and visitation rights.
Clearing up these misconceptions about the Indiana Paternity Affidavit can help individuals navigate their rights and responsibilities more effectively, ensuring the welfare of the child remains at the forefront.
Key takeaways
The Indiana Paternity Affidavit 44780 form is an essential document for parents looking to establish the paternity of a child in the state of Indiana. Understanding how to properly fill out and use this form can help ensure that the process goes smoothly. Here are four key takeaways to remember when dealing with this important form:
- Timeliness is Key: It's crucial to fill out and submit the Paternity Affidavit promptly after a child's birth. Indiana law provides a window during which the affidavit can be signed by both parents at the hospital or health department. Completing this task within the designated timeframe can significantly simplify the paternity establishment process.
- Accuracy Matters: When filling out the form, pay close attention to detail and ensure that all information is accurate and complete. Inaccuracies or omissions can lead to delays or complications in legally establishing paternity, impacting parental rights and responsibilities.
- Legal Implications: Signing the Indiana Paternity Affidavit 44780 is not just a formality. It has significant legal implications, including the acknowledgment of paternity and potentially affecting custody, visitation, and child support arrangements. Parents are encouraged to understand fully or seek legal guidance if they have questions about the consequences of signing the affidavit.
- Voluntariness: The decision to sign the Paternity Affidavit should be made voluntarily by both parents. Coercion or filling out the form under duress can invalidate the affidavit. If either parent has doubts or reservations, they should seek additional information or legal advice before proceeding.
By keeping these key points in mind, parents can navigate the process of establishing paternity in Indiana more effectively, making informed decisions that are in the best interest of their child.
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