Section 3-2 - Name of Father on Birth Certificate (a) Requirements when the mother was married at the time of conception or birth of the child, or between conception and birth: - (i) The husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction; or the husband has signed an affidavit denying that he is the father and the mother and the person to be named as the father have signed an affidavit acknowledging paternity.
- (ii) If the husband has signed an affidavit denying that he is the father and the mother and another man have signed an affidavit acknowledging paternity, the man signing the affidavit acknowledging paternity shall be listed as the father.
- (iii) If a court of competent jurisdiction has determined that the husband is not the father of the child and the mother and another man have signed an affidavit acknowledging paternity, the man signing the affidavit acknowledging paternity shall be listed as the father. A certified copy of the court order must accompany the affidavit acknowledging paternity.
- (iv) If a court of competent jurisdiction has determined paternity, the information stated in the court order concerning the father shall be listed on the birth certificate. A certified copy of the court order must be forwarded to Vital Records Services.
(b) If the mother was not married at the time of conception or birth of the child or between conception and birth, the name of the father shall not be entered on the birth certificate unless an affidavit acknowledging paternity signed by both natural parents is received; or unless paternity has been determined by a court of competent jurisdiction.
(c) Affidavits acknowledging or denying paternity. - (i) Affidavits acknowledging or denying paternity must be on forms supplied by Vital Records Services. .
- (ii) Affidavits acknowledging or denying paternity must be signed under penalty for false swearing. All signatures must be notarized.
- (iii) An affidavit acknowledging paternity or denying paternity signed by a minor must also be signed by the legal guardian of the minor.
- (iv) Affidavits acknowledging or denying paternity may be signed before the birth of the child.
(d) After a valid affidavit acknowledging paternity has been filed the father's name may only be removed from a birth certificate by court order.
(e) If the father is not named on the certificate of birth, no other information about the father shall be entered.