How is paternity established if the father is not available to take a DNA test?
In West Virginia, paternity can be established without a DNA test if the father is not available to take one. This is done through a process known as voluntary acknowledgement of paternity. This can be done if both parents fill out an official form from the Bureau of Vital Statistics or if the parents both sign a written document that is notarized or witnessed. If the father is still not available, the mother can also bring an informal witness to a Vital Statistics office and sign a sworn statement that she believes a certain man to be the father. This can be used to establish paternity and is usually done in instances where the father is unknown or uncooperative. If the father acknowledges paternity, then a birth certificate can be issued that identifies him as the father. Once paternity has been established, the father has parental rights such as custody and visitation rights. He must also pay child support and may even be required to pay some of the medical expenses relating to the child’s birth. However, the father’s name will not be added to the child’s birth certificate unless both parents sign the voluntary acknowledgement of paternity form. Without this form, a paternity action can still be brought to establish paternity and to establish parental rights.
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