Establishing Paternity in North Dakota
How paternity is established in North Dakota: the voluntary acknowledgment form, court orders, genetic testing and deadlines.
Short answer: The mother and a man claiming to be the genetic father may sign an acknowledgment of paternity under penalty of perjury on forms prescribed by the Department of Health and Human Services, with which it is filed. N.D. Cent. Code §§ 14-20-11, 14-20-12, 14-20-17, 14-20-18, 14-20-22, 14-20-26, 14-20-29, 14-20-36
| Establishing paternity | The mother and a man claiming to be the genetic father may sign an acknowledgment of paternity under penalty of perjury on forms prescribed by the Department of Health and Human Services, with which it is filed. A signer may rescind by starting a court proceeding before the earlier of 60 days after the acknowledgment takes effect or the first court hearing about the child (such as a support case). After that, it can be challenged only for fraud, duress or material mistake of fact, within two years after filing. Paternity may also be decided in a civil court case, and the court must order genetic testing on a sworn request; test results showing at least a 99% probability of paternity (and a combined paternity index of at least 100 to 1) rebuttably identify the man as the father. |
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Where to get help in North Dakota
More North Dakota divorce & family law
- Getting a Marriage License in North Dakota
- Adopting a Child in North Dakota
- Guardianship of a Child or Adult in North Dakota
- Changing Your Name in North Dakota
- Child Custody Laws in North Dakota
- How Child Support Is Calculated in North Dakota
- Divorce Records in North Dakota
- Alimony and Spousal Support in North Dakota
- How to File for Divorce in North Dakota
- Legal Separation and Annulment in North Dakota
- All North Dakota divorce & family law rules
FAQ
How do you establish paternity in North Dakota?
The mother and a man claiming to be the genetic father may sign an acknowledgment of paternity under penalty of perjury on forms prescribed by the Department of Health and Human Services, with which it is filed. A signer may rescind by starting a court proceeding before the earlier of 60 days after the acknowledgment takes effect or the first court hearing about the child (such as a support case). After that, it can be challenged only for fraud, duress or material mistake of fact, within two years after filing. Paternity may also be decided in a civil court case, and the court must order genetic testing on a sworn request; test results showing at least a 99% probability of paternity (and a combined paternity index of at least 100 to 1) rebuttably identify the man as the father.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.