Establishing paternity is a vital legal step that ensures a child's relationship with their father is recognized by the law. In Arkansas, when a child is born to married parents, the husband is automatically considered the legal father, and his name appears on the birth certificate. However, when a child is born to unmarried parents, it becomes necessary to establish paternity through a process called paternity establishment. This guide delves into the various aspects of paternity establishment in Arkansas, providing valuable information for parents and guardians.

Understanding Paternity in Arkansas

The Automatic Legal Relationship

When a child is born to married parents in Arkansas, an automatic legal relationship exists between the child and the husband of the mother. Consequently, the husband's name is included on the child's birth certificate.

Paternity Establishment for Unmarried Parents

In cases where parents are unmarried, there is no automatic legal relationship between the father and the child. The biological father's name is not included on the birth certificate without the completion of an Acknowledgment of Paternity (AOP). This process, known as paternity establishment, legally establishes the biological father as the child's legal father.

How to Establish Paternity in Arkansas

Voluntary Acknowledgment of Paternity

Parents, both mother and father, can voluntarily sign an Acknowledgment of Paternity (AOP) form at any time before the child reaches the age of 18. This process is both straightforward and free. It is available to parents if the mother was not married at the time of the child's birth or if the biological father is someone other than the mother's current spouse.

• AOP Signing Requirements: Both parents must sign the AOP form and have their signatures witnessed and notarized by a Notary Public. No blood test is required for this process.

• Hospital Assistance: Birthing hospitals provide information and assistance for completing the AOP before the mother and baby leave the hospital. AOP forms are also accessible through the Arkansas Department of Health and local Offices of Child Support Enforcement.

• Completing AOP Post-Birth: If a birth certificate has been filed with Vital Records without the father's name, and later the mother and biological father wish to complete the AOP, they can visit the Vital Records office to do so. The birth certificate will be updated to include the father's name, and there is also an option to change the child's last name within the AOP.

• Rescission Option: Either parent can change their mind about signing the AOP within 60 days from the date of the last notarized signature. A rescission form is available from the Department of Health Vital Records Office.

Judicial Establishment of Paternity

Either parent has the option to file a petition with the court to establish parentage for the child. The court will then issue an order confirming the man as the child's legal father. This process may also address child support, custody, and visitation matters, usually necessitating the assistance of an attorney.

• OCSE Involvement: If a mother applies for Office of Child Support Enforcement (OCSE) services for child support, and paternity has not been established, OCSE takes steps to establish paternity. This may involve offering the putative father the opportunity for genetic testing, with a court order for child support being the ultimate outcome if the putative father does not respond or denies paternity.

• Cost of Genetic Testing: If genetic testing reveals that a putative father is not the biological father, the mother may be responsible for court costs and the cost of genetic testing. However, if the mother is receiving cash assistance, there are typically no fees charged. If genetic testing confirms the putative father's biological paternity, he may be responsible for covering court costs and testing expenses.

How do You Get a Paternity Test in Arkansas?

With AABB-accredited DNA testing offered by DDC, you obtain official verification of biological connections crucial for immigration, child support, child custody, inheritance claims, Social Security benefits, and beyond. Our service extends to the local cities mentioned below. Unsure about the suitable test for your specific circumstances? Initiate your journey with a FREE confidential consultation alongside our DNA specialists in the Arkansas region.

Paternity Testing Locations in Arkansas

To obtain a paternity test in Arkansas, we provide services across various regions within the state. Our service areas encompass the following locations in Arkansas: Conway, Farmington, Fayetteville, Fort Chaffe, Fort Smith, Little Rock, North Little Rock, and Springdale.

Prenatal Paternity Testing Locations in Arkansas

To access a prenatal paternity test in Arkansas, please note that we do not offer collection services in your area. Instead, we can send you a non-legal prenatal paternity kit. In this kit, the alleged father can perform a cheek swab himself, while the pregnant mother can visit a nearby hospital or primary care doctor to have her blood drawn for the test. The kit comes along with a prepaid FedEx shipping label and package to get overnight shipped to the testing lab.

how long does a father have to establish paternity in Arkansas?

A mother and father can voluntarily sign an Acknowledgment of Paternity (AOP) form any time before the child turns 18. Establishing paternity is easy and free.

Disestablishing Paternity

If paternity has been established through a court order or an AOP, individuals seeking to disestablish paternity should consult with an attorney, as OCSE does not provide services related to paternity disestablishment.

Frequently Asked Questions About Paternity

Doubt About Paternity

If there is any uncertainty about paternity, it is advisable not to sign the Acknowledgment of Paternity form. A paternity test, also known as a genetic test, is recommended for clarity.

Genetic Test Results

A genetic test can confirm if a man is NOT the biological father of a child or indicate with high certainty, typically 99% or more, that a man is the child's biological father.

Changing Acknowledgment of Paternity

The AOP can be changed within 60 days of signing by contacting the Division of Vital Records. A rescission form is available for this purpose. After 60 days, changing the legal father of the child requires filing a motion with the court, based on claims of fraud, duress, or material mistake of fact.

Inclusion of Father's Name on Birth Certificate

If unmarried parents sign the AOP at the hospital when the baby is born, the father's name will be displayed on the birth certificate. Parents must inform hospital staff of the desired name for their child, including the option for the baby to have the father's last name.

Establishing Rights to Visitation and Custody

Signing the AOP does not automatically grant the father the right to visitation or custody. However, either parent can use the AOP to ask the court to establish these rights. If parents are in agreement, they can request a court order to define their visitation and custody rights, with guidance from their attorney.

Costs Associated with Paternity Establishment

There is no charge to parents for signing the AOP. However, the Department of Vital Records does impose a fee for amending (changing) a birth certificate.

Conclusion

Establishing paternity in Arkansas is a straightforward and essential process to ensure legal recognition of the father-child relationship. Whether parents choose to sign an Acknowledgment of Paternity or seek judicial establishment of paternity, this legal recognition offers numerous benefits to both parents and, most importantly, the child's well-being and future security.

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